New  Bern,  N.G.  Charters. 

Charter  of  the  City  of  New  Bern 


George  Washington  Flowers 
Memorial  Collection 

DUKE  UNIVERSITY  LIBRARY 

ESTABLISHED  BY  THE 
FAMILY  OF 
COLONEL  FLOWERS 


Digitized  by  the  Internet  Archive 
in  2015 


https://archive.org/details/charterofcityofn01newb 


lAR 


OF  Newbern 


ORDINANCES 


CHARTER 


OF  THE 


Cll^Y     OF  NeWBERN 


AND 


ORDINANCES 


OF  THE 


BOARD    OF  COUNCILMEN. 


PASSEB  AND  ADOPTED  1st  DAY  DECEMBER,  1885. 


NEWBERN,  N.  C. 

N.  S.  RICHARDSON  &  SON,  PRACTICAL  BOOK  AND  JOB  PRINTERS. 

1886. 


City  Clerk  axd  Tax  Collector: 
R.  D.  HAXCOCK. 


Treasurer: 
J.  W.  MOORE. 


City  Marshal: 
JOHX  M.  HARGET. 


Sextox  Cemeteries: 


W.  N.  RUSS,  Cedar  Qrove,    R.  WILLIAMS,  Green^vood. 


Mayor: 
E.  H.  MEADOWS. 


COUXCIL^IEX: 


WM.  ELLIS, 

E.  W.  SMALLWOOD, 

J.  W.  MOORE. 

V.  A.  CRAWFORD, 


F.  W.  HAXCOCK, 
J.  H.  HACKBURX, 
ALEX.  MILLER, 
X.  H.  STYRON. 


AttORXEYS  : 

SIMMONS  &  MAXLY. 


Port  Physiciax: 
Dr.  F.  W.  hughes. 


I 


* 


CONTENTS. 


Page, 


I— INDEX  TO  CHARTER,   7 

II— CHARTER,   9 

III— ORDINANCES,  22 

Chapter  1. — Rules  for  the  Government  of  the  Board,  ....22 

"        2. — Police  Organization,   24 

"        3. — Streets  and  Pumps,  28 

"       4.— Fire  Department,   . .  .................  .  34 

"        5. — Disorderly  Houses,  &c.,  86 

"        6. — Observance  of  the  Lord's  day,  87 

7.— The  Market,  38 

"        8. — Nuisances,  40 

"       9. — Dogs  and  other  Animals..  42 

"      10. — Cemeteries,  45 

"      11. — Payment  of  Money,   48 

"      12. — Infectious  Diseases,   48 

"      13. — Miscellaneous,  ,   .50 


INDEX  TO  CHARTER. 


Sec. 

1.  Who  shall  be  body  corporate,  how  styled. 

2.  Election  and  qualification  of  councilmen. 

3.  Vacancy  in  Board  or  Mayoralty,  how  supplied. 

4.  Penalty  for  failing  to  qualify  as  councilmen. 

5.  Board  may  appoint  Mayor  in  case  of  vacancy. 

6.  Duty  of  Mayor  to  preside  over  Board. 

7.  General  duties  of  Mayor. 

8.  iVEayor  may  commit  or  fiine  on  conviction. 

9.  Appointment  of  City  Marshal,  bond,  term  of  office. 

10.  Duties  of  Marshal  regarding  fines,  &c. 

11.  Duties  of  Marshal  to  preserve  peace. 

12.  Qualification  of  voters,  penalty  for  fraudulent  voting. 

13.  Penalty  for  fraudulent  registration. 

14.  Appointment  of  Registrars  of  Election,  time  of  opening  books ;  Regis- 

trar may  transfer  from  old  books. 

15.  Failure  of  Registrar  to  act,  who  may  fill  vacancy. 

16.  Failure  of  Inspectors  to  act,  who  may  fill  vacancy. 

17.  Appointment  of  Port  Physician,  iVttorney,  Sexton,  Policemen,  how 

office  held. 

18.  Power  of  Board  to  make  ordinances. 

19.  Punishment  for  violating  ordinance. 

20.  x\batement  of  nuisance. 

21.  To  move  persons  with  infectious  disease, 

22.  May  recover  expense  of  removal. 

23.  Power  to  quarantine. 

24.  Regulations  concerning  strays. 

25.  No  officers  of  city  to  become  contractor  thereof. 

26.  No  court  fees  charged  against  city  in  certain  cases, 

27.  Appropriation  of  fines  and  costs. 

28.  Salaries  of  officers. 

29.  Necessary  vote  of  Board  for  appropriation. 


8 

Sec. 

30.  Dog  Tax. 

31.  Failure  to  give  in  Dog  Tax  a  misdemeanor. 

32.  Power  to  levy  License  Tax — regulations  concerning  same. 

33.  Penalty  for  practicing  trades,  &c.  without  license. 

34.  License  Tax  may  be  paid  monthly  ;  powers  concerning  same. 

35.  Tax  Collector ;  bond,  duties,  &c. 

36.  Treasurer;  appointment,  bond,  duties,  &c. 

37.  Tax;  Real,  Personal,  Poll,  amount,  reserve  fund. 

38.  Reserve  fund  for  Fire  Department. 

39.  Limit  after  payment  of  reserve  fund. 

40.  No  sale  for  taxes  invalid  for  irregularity. 

41.  Sale  of  property  of  non  resident.    City  may  purchase;  regulations  of 

sale  ;  infants,  &c. 

42.  Redeeming  real  estate. 

43.  Personal  property  first  liable. 

44.  Ko  compensation  to  auditors. 

45.  Regulations  of  sheds,  bridges,  sidewalks,  &c. 

46.  Extra  Police. 

47.  Records  of  city  open  to  inspection. 

48.  Ordinances  kept  in  book. 

49.  Publication  of  Ordinances  to  make  valid. 

50.  Contracts  over  $200  in  writing. 

51.  Rates  for  appropriation  recorded  in  minutes. 

52.  Registrar  to  cast  vote  in  event  of  tie. 

53.  Ratification  of  Charter. 

An  Act  to  Amend  the  Charter  of  the  City  of  Newbern— 1881. 
1.  Publication  of  Ordinances  to  make  valid. 

An  Act  for  the  better  protection  of  Farmers  and  Fishermen— 1881. 

An  Act  to  establish  Graded  Schools  in  the  City  of  New^bern— 1883. 

An  Act  to  Amend  the  Charter  of  the  City  of  Newbern— 1883. 

1.  Tax  on  Real  Estate — limitation. 

2.  Purchase  of  Fire  Engine. 


An  Act  to  Amend  the  Charter  of  the  City  of  Ne^vbern— 1885. 


AN  ACT  TO  AMEND  THE  CHARTER  OF  THE  CITY  OF  NEWBERN. 
The  General  Assembly  of  North  Carolina  do  enact  as  folloius  : 

Section  1.  That  the  corporate  powers  and  authority  granted  to  the 
city  of  Newbern  shall  be  vested  in  and  exercised  by  a  mayor  and  eight 
councilmen.  No  person  shall  be  eligible  as  mayor  or  councilman  un- 
less he  shall  be  eligible  as  a  member  of  the  legislature  of  this  state  and 
shall  have  resided  within  the  city  ninety  days  next  preceding  the  day 
of  election.  And  every  councilman  elected  hj  the  peoj^le  shall  be  a 
resident  of  the  w^ard  for  which  he  shall  be  chosen  ninety  days  next 
preceding  the  day  of  election. 

Sec.  2.  That  one  councilman  shall  be  elected  for  each  of  the  five 
wards  of  the  city  by  the  qualified  voters  of  such  w^ards  respectively, 
and  within  five  days  after  their  election  they  shall  convene  and  qualify 
before  the  former  mayor  or  a  justice  of  the  peace.  Immediately  after 
qualifying  they  shall  proceed  to  elect  as  follows  :  Three  councilmen 
from  the  people  at  large.  The  councilmen  of  the  second  and  third  wards 
shall  elect  one.  The  councilmen  of  the  first  and  fifth  wards  shall  elect 
one,  and  the  councilmen  of  the  second  and  fourth  wards  shall  elect  one. 
The  councilman  of  the  first  ward  shall  preside  as  chairman  of  this 
meeting  of  the  board,  who  shall  vote  as  a  councilman,  and  in  case  of  a 
tie  shall  give  the  casting  vote.  In  the  absence  of  the  councilman  of  the 
first  ward  the  councilman  of  the  second  ward  shall  preside  as  chairman. 
Immediately  after  such  election  the  three  councilmen  so  chosen  from 
the  people  at  large  shall  qualify  before  the  mayor  or  a  justice  of  the 
peace.  Whereupon,  the  board  of  councilmen  or  a  majority  of  them 
shall  proceed  to  elect  from  outside  their  number  a  mayor,  who  within 
five  days  after  his  election  and  before  entering  on  the  duties  of  his 
office  shall  qualify  before  the  outgoing  mayor  or  a  justice  of  the  peace, 
and  in  case  of  a  tie  shall  give  the  casting  vote. 

Sec.  3.  If  any  vacancy  shall  occur  in  the  board  of  councilmen  by 
any  councilman  failing  to  qualify  in  the  time  prescribed,  or  after  qual- 
ifying shall  fail  to  serve,  or  occurring  from  any  cause,  the  councilmen 
elect  who  have  qualified  shall  fill  the  vacancy  so  occurring  and  such 
person  only  shall  be  chosen  as  are  heretofore  declared  to  be  eligible.  If 
the  election  of  mayor  or  any  councilman  from  the  people  at  large  shall 
have  been  prevented  by  a  vacancy  in  the  board  of  councilmen  such 
election  shall  be  proceeded  with  as  heretofore  declared  after  the  vacan- 
cy is  filled. 


10 

Sec.  4.  Any  person  qualified  to  serve  and  elected  mayor  or  council- 
man either  by  the  electors  at  their  annual  election,  or  by  the  council- 
men  to  fill  a  vacancy,  or  otherwise,  who  shall  not  take  the  oath  of  office 
within  five  days  after  his  election,  or  who,  having  qualified,  shall  not 
continue  to  serve  during  the  term  for  which  he  may  be  elected,  (inabil- 
ity from  sickness,  absence  from  the  city,  or  removal  excepted,)  shall 
forfeit  and  pay  one  hundred  dollars,  to  be  recovered  in  the  name  and 
for  the  benefit  of  the  city  of  Newbern:  Provided,  that  no  person  so 
elected  or  refusing  to  serve  shall  be  subject  to  said  penalty  if  such  per- 
son shall  have  served  as  mayor  or  councilman  one  year  in  the  five  years 
last  preceding  said  election. 

Sec.  5.  Whenever  there  shall  be  a  vacancy  in  the  office  of  mayor, 
and  when  the  mayor  shall  be  absent  from  the  city,  or  be  prevented  by 
sickness  or  any  other  cause  from  attending  to  the  duties  of  his  office, 
the  board  of  councilmen  may  appoint  one  of  their  number  to  act  as 
mayor,  who  shall  possess  all  the  rights  and  powers  of  mayor  during  the 
continuance  of  such  vacancy,  absence  or  disability. 

Sec.  6.  The  mayor  shall  preside  at  the  meeting  of  the  board  of  coun- 
cilmen, but  shall  have  no  vote  except  in  case  of  tie. 

Sec.  7.  It  shall  be  the  duty  of  the  mayor  to  communicate  at  least 
twice  a  year  in  writing,  or  oftener  if  he  shall  deem  it  expedient,  a 
general  statement  of  the  situation  and  condition  of  the  city  in  relation 
to  its  government  and  improvement;  second,  to  recommend  to  the 
adoption  of  the  board  of  councilmen  all  such  measures  connected  with 
the  police,  security,  health  and  cleanliness  of  the  city  as  he  shall  deem 
expedient;  third,  to  be  vigilant  and  active  in  causing  the  laws  and  or- 
dinances for  the  government  of  the  city  to  be  duly  executed  and  en- 
forced; fourth,  to  keep  a  faithful  minute  of  all  precepts  issued  by  him 
and  of  all  his  judicial  proceedings,  and  to  report  in  writing  at  every 
regular  monthly  meeting  of  the  board  of  councilmen  the  total  amount 
of  costs  and  fines  that  have  been  imposed  by  him  in  all  judicial  pro- 
ceedings, for  the  violation  of  city  ordinances  during  the  previous 
month. 

Sec.  8.  That  the  mayor  shall  have  power  to  commit  any  person  con- 
victed of  a  violation  of  any  city  ordinance  to  the  county  or  city  prison 
until  the  fines  and  costs  are  paid,  or  require  such  person  so  imprisoned 
to  work  on  the  streets  until  the  fines,  costs  and  prison  fees  are  paid, 
and  such  person  can  only  be  released  as  is  provided  in  like  cases  in 
other  courts. 

Sec.  9.  That  the  board  of  councilmen  shall  appoint  a  fit  and  proper 
person,  who  shall  be  a  qualified  voter  of  the  city,  to  the  office  of  city 
marshal,  who  shall  give  bond  with  approved  sureties  in  a  penal  sum  to 
be  fixed  by  the  board  and  payable  to  the  city  of  Newbern,  with  condi- 
tions that  he  will  diligently  perform  all  duties  imposed  upon  him  by 
virtue  of  his.office  and  faithfully  pay  to  the  treasurer  all  sums  of  money 


n 

collected  or  recovered  b}*  him  to  or  for  the  use  of  the  city,  and  shall 
hold  the  office  during  the  term  of  the  board  appointing  liim,  subject  to 
be  removed  at  any  time  for  misconduct. 

Sec.  10.  It  shall  be  the  duty  of  the  city  marshal  to  pay  over  to  the 
city  treasurer  all  money  that  may  be  collected  by  him  to  or  for  the  use 
of  the  city  at  least  once  every  month,  and  shall  communicate  to  the 
board  of  councilmen  at  their  regular  monthly  meeting  in  writing  a  full 
statement  of  all  costs,  fines  and  fees  collected  and  the  disposition  made 
of  the  same. 

.Sec.  11.  It  shall  be  the  duty  of  said  marshal  and  the  police  to  pre- 
serve the  peace  by  the  suppression  of  disturbances  and  the  apprehension 
of  all  offenders,  and  the  marshal  or  an}-  policeman  shall  have  power 
to  summons  as  many  persons  as  he  may  deem  necessary  to  assist  in  the 
performance  of  the  above  duties. 

Sec.  12.  That  no  person  shall  be  entitled  to  vote  for  councilman  or 
any  other  city  elector  unless  he  shall  be  qualified  and  entitled  to  vote 
for  members  of  the  general  assembly  of  the  state  and  shall  have  resided 
in  the  ward  which  he  offers  to  vote  for  ninety  da%'S  immediately  pre- 
ceding the  day  of  election:  Provided:  the  residence  of  a  married  man 
shall  be  in  the  ward  wliere  liis  family  resides,  and  that  of  a  single  man 
where  he  boards  and  sleeps,  and  should  any  single  man  board  in  one 
ward  and  sleep  in  another,  then  his  residence  shall  be  in  the  ward  in 
which  lie  sleeps,  and  he  shall  not  vote  or  register  in  any  other  ward.  But 
no  elector  shall  be  allowed  to  register  in  any  ward  to  which  he  shall 
have  removed  for  the  mere  purpose  of  being  a  voter  therein,  nor  unless 
liis  residence  therein  is  actual  and  bona  fide;  and  any  person  knowingly 
and  fraudulently  registering  and  voting  at  any  other  place  than  that  of 
his  5o}?a  yide  residence  shall  be  deemed  guilty  of  a  crime  infamous  to 
the  laws  of  the  state,  and  on  conviction  thereof  shall  be  fined  five  hun- 
dred dollars  and  imprisoned  six  months. 

Sec.  13.  Any  person  who  shall  cause  or  procure  liis  name  to  be  regis- 
tered in  more  than  one  election  ward  of  the  city,  or  shall  cause  or  pro- 
cure his  name  or  that  of  another  person  to  be  registered  knowing  that 
he  or  the  person  whose  name  he  has  procured  to  be  registered  is  not 
entitled  to  vote  in  the  ward  wherein  such  registration  is  made,  at  the 
ensuing  election  to  be  held  therein,  or  who  shall  falsely  personate  any 
registered  voter,  shall  be  deemed  guilty  of  a  crime  infamous  to  the 
laws  of  the  state,  and  upon  conviction  shall  be  fined  five  hundred 
dollars  and  imprisoned  six  months. 

Sec.  14.  That  the  board  of  councilmen  shall  appoint  one  registrar  and 
two  inspectors  of  election  for  each  ward  previous  to  every  election,  and 
the  registrars  so  appointed  shall  open  their  registration  books  on  Thurs- 
day, Friday  and  Saturday  immediately  preceding  the  regular  annual 
election  in  some  convenient  place  in  each  ward,  between  the  hours  of 
eight  a.  m.  and  six  p.  m.  of  each  day,  when  all  persons  legally  entitled 


12 

to  register  may  do  so;  and  the  registrars  may  transfer  from  the  old  reg- 
istration book  such  names  only  as  they  know  are  legally  entitled  to 
be  transferred  from  the  old  registration  book,  and  the  registrars  shall 
receive  six  dollars  for  performing  said  service. 

Sec.  15.  That  if  any  person  appointed  as  registrar  sliall  fail  or  refuse 
to  discharge  the  duties  of  registrar,  the  other  registrars  shall  fill  the 
vacancy. 

Sec.  16.  If  any  person  appointed  as  inspector  of  election  shall  fail  or 
refuse  to  discharge  the  duties  thereof,  the  registrar  for  the  ward  in 
which  the  vacancy  occurs  shall  fill  the  same,  and  the  registrars  and  in- 
spectors, before  entering  upon  the  duties  of  their  office  shall  qualify 
before  some  justice  of  the  peace. 

Sec.  17.  That  the  board  of  councilmen  may  appoint  a  port  physician, 
a  city  attornej^  a  sexton  for  each  cemetery,  and  three  policemen,  who 
shall  hold  their  office  during  the  term  of  the  board  appointing  them, 
subject  to  be  removed  at  any  time  for  misconduct:  Provided,  the  board 
can  at  any  time  reduce  or  entirely  discontinue  the  police  force  as  may 
be  thought  best. 

Sec.  18.  That  the  board  of  councilmen  shall  have  power  to  make  and 
provide  for  the  execution  thereof,  such  ordinances  for  the  government 
of  the  city  as  they  may  deem  necessary,  not  inconsistent  with  the  laws 
of  the  land,  and  they  shall  have  power  by  all  needful  ordinance[s]  to 
secure  order,  health,  quiet  and  safety  within  the  same,  and  for  one 
mile  beyond  the  city  limits;  and  the  powers  and  privileges  of  the 
mayor  as  a  justice  of  the  peace  to  be  exercised  within  the  above  limits. 

Sec.  19.  That  any  person  violating  any  ordinaDce  of  the  city  shall  be 
deemed  guilty  of  a  misdemeanor,  but  the  punishment  thereof  shall  not 
exceed  a  fine  of  fifty  dollars  and  imprisonment  at  labor  on  the  streets 
for  thirty  days. 

Sec.  20.  That  the  councilmen  may  require  and  compel  the  abatement 
of  all  nuisances  within  the  city  at  the  expense  of  the  person  causing 
the  same,  or  of  the  owner  or  tenant  of  the  ground  whereon  the  same 
shall  be. 

Sec.  21.  That  the  board  of  councilmen  may  take  such  measures  as 
they  may  deem  effectual  to  prevent  the  entrance  into  the  city  of  any  con- 
tagious or  infectious  disease,  may  stop,  detain  and  examine  for  that 
purpose  every  person  coming  from  places  believed  to  be  infected  with 
such  disease,  may  establish  and  regulate  hospitals  within  the  city  or 
within  three  miles  thereof ,  may  cause  any  person  in  the  city  suspected 
to  be  infected  with  such  diseases  and  whose  stay  may  endanger  health, 
to  be  removed  to  the  hospital,  may  remove  from  the  city  or  destroy  any 
furniture  or  other  articles  which  shall  be  suspected  of  being  tainted  or 
infected  with  contagious  or  infectious  disease,  or  of  which  there  shall 
be  reasonable  cause  to  apprehend  that  they  may  pass  into  such  a  state 
as  to  generate  disease. 


Sec.  22.  That  in  case  any  person  be  removed  to  the  hospital,  the  cor- 
poration may  recover  before  the  mayor  or  any  justice  of  the  peace  of 
such  person  the  expense  of  his  removal,  support,  nursing  and  medical 
attendance;  and  in  case  of  death,  of  his  legal  representative,  and  in  that 
event,  burial  expenses  also,  if  the  corporation  incur  that  expense. 

Sec.  23.  That  the  board  of  councilmen  may  take  f^uch  measures  as 
they  may  deem  effectual  to  stop,  detain  and  examine  within  three 
miles  of  the  cit}'  limits  all  railroad  trains  and  other  public  conveyances 
bringing  passengers  or  goods  to  said  city,  and  that  the  compensation  of 
the  port  physician  for  visiting  such  trains  or  other  conveyances  shall 
be  paid  by  the  owner  or  owners  of  such  train  or  conveyances:  Provided, 
that  the  compensation  shall  not  exceed  two  dollars  for  each  visit:  Also 
provided.,  this  section  shall  not  apply  to  vessels  or  steamers  or  subjects 
now  governed  by  the  general  marine  quarantine  laws. 

Sec.  24.  That  the  board  of  councilmen  are  empowered  to  make  such 
rules  and  regulations  as  they  may  deem  best  for  the  sale  of  all  animals 
found  roaming  at  large  in  the  streets  contrary  to  the  ordinances  of  the 
city:  Provided,  no  stray  shall  be  sold  without  first  being  advertised  five 
days  in  some  daily  paper  of  the  city,  or  in  lieu  thereof  at  three  public 
places  in  said  city;  all  strays  so  taken  and  duly  advertised  to  be  sold  at 
public  auction  at  the  court  house  door  for  the  benefit  of  the  city:  and 
the  mayor  is  hereby  empowered  to  make  title  to  all  such  strays  after 
having  fulfilled  the  requirements  of  this  section. 

Sec.  25.  That  no  mayor  or  councilman  or  other  officer  of  the  city 
shall  directly  or  indirectly  become  a  contractor  for  work  to  be  done  for 
the  city,  and  no  work  shall  be  awarded  any  contractor  without  good 
and  sufficient  sureties. 

Sec,  26.  That  no  fees  or  costs  of  magistrates  or  other  officers  for  the 
arrest  or  trial  of  persons  charged  with  misdemeanors,  including  vagran- 
cy, shall  be  assessed  upon  or  collected  of  the  city. 

Sec.  27.  That  all  costs,  fees  and  fines  imposed  by  the  mayor  in  any 
process  in  connection  with  the  breach  of  any  city  ordinances  shall  be 
collected  by  the  city- marshal  and  paid  over  to  the  treasurer  for  the  use 
of  the  city,  except  as  hereinafter  provided,  and  in  no  event  sliall  the 
city  be  required  to  pay  any  part  of  such  costs  and  fees. 

Sec.  28.  That  the  salaries  of  the  officers  of  said  city  shall  in  no  case 
exceed  the  sums  following:  The  mayor  four  hundred  dollars  per  an- 
num, without  costs  or  fees;  the  treasurer  two  hundred  dollars;  the  clerk 
two  hundred  dollars;  the  city  marshal  twenty-five  dollars  per  month 
and  one  half  of  the  costs  and  fees  collected  in  any  process  in  connection 
with  tlie  breach  of  any  ordinance  of  the  city;  city  attorney  two  hun- 
dred dollars  per  annum;  sexton  twenty  dollars  per  month;  and  that  of 
each  policeman  thirty  dollars  per  month. 

Sec.  29.  All  moneys  arising  from  taxation,  donation  or  other  sources 
shall  be  paid  to  the  treasurer  of  the  city,  and  no  approp>riation  thereof 


14 

shall  be  made  except  for  the  necessary  expenses  of  the  city,  and  but  by 
a  concurring  vote  of  six-eights  (6-8)  of  all  the  councilmen. 

Sec.  30.  That  the  board  of  councilmen  shall  have  power  to  impose 
annually  such  tax  per  capita  on  all  dogs  running  at  large  or  kept  with- 
in said  city  as  they  may  deem  proper,  and  may  require  all  dogs  to  wear 
such  tax  badge  as  they  may  designate. 

Sec.  31.  Any  person  residing  in  the  city  having  therein  any  dog  and 
shall  not  return  it  for  taxation,  and  shall  fail  to  pay  the  tax  according 
to  lavr  after  fifteen  days'  public  notice  of  the  imposition  thereof,  shall 
be  guilty  of  a  misdemeanor  and  on  conviction  thereof  before  the  mayor 
or  a  justice  of  the  peace  shall  be  fined  not  exceeding  five  dollars,  or 
imprisoned  two  days,  or  the  dog  may  be  treated  as  a  nuisance  and  de- 
stroyed. 

Sec.  32.  That  the  board  of  city  conncil  shall  have  power  to  levy  and 
collect  the  following  license  tax  for  the  privilege  of  carrying  on  the 
trade,  profession,  business,  or  doing  the  acts  named,  and  nothing  in  the 
schedule  shall  be  construed  to  relieve  any  person  from  the  payment 
of  the  ad  valorem  tax  on  his  property:  on  all  banks  or  bankers,  express, 
telegraph  and  insurance  companies,  dealers  in  spirituous,  vinous  and 
malt  liquors,  a  tax  not  to  exceed  fifty  dollars  per  annum;  on  all  drum- 
mers selling  or  offering  to  sell  any  goods,  wares  or  merchandise,  with 
or  without  sample,  a  tax  not  to  exceed  fifty  dollars  a  year,  or  three  dol- 
lars a  day  for  each  and  every  day  they  shall  so  sell  or  oifer  to  sell; 
and  are  empowered  to  tax  all  persons  following  any  trades  or  profession 
or  professions,  or  any  other  occupations  or  callings,  provided  the  total 
amount  collected  from  any  person  or  firm  shall  not  exceed  twenty-five 
dollars  per  annum;  and  all  subjects  now  allowed  to  be  taxed  by  act  of 
April  sixth,  one  thousand  eight  hundred  and  seventy-one,  the  amount 
named  in  said  act  and  not  inconsistent  with  this  section. 

Sec.  33.  That  every  person  who  shall  practice  any  trade,  profession, 
or  use  any  franchise  taxed  according  to  law  by  said  board  of  council- 
men  without  having  first  obtained  a  license  for  the  same  as  required, 
shall  be  deemed  guilty  of  a  misdemeanor  and  subject  to  a  penalty  of 
not  more  than  fifty  dollars  or  imprisonment  for  thirty  days,  to  be  re- 
covered before  the  mayor  for  the  benefit  of  the  city,  and  any  goods, 
wares  or  other  property  of  the  owners  may  be  forthwith  distrained  by 
the  tax  collector  and  sold  to  satisfy  the  tax  and  costs  of  collecting  the 
same. 

Sec.  34.  That  the  board  of  councilmen  shall  have  power  to  divide  the 
license  tax  enumerated  into  monthly  installments  to  be  paid  in  advance 
by  the  party  liable  to  the  same  upon  rec«^ipt  of  license  to  carry  on  their 
respective  trades,  professions  or  occupations,  and  said  councilmen  may 
allow  a  reduction  of  twenty  five  per  cent,  on  all  license  tax  to  such 
persons  as  shall  pay  their  license  tax  for  twelve  months  in  advance,  or 
for  the  time  said  board  shall  continue  in  office. 


15 

Sec.  oo.  That  the  said  board  of  councihnen  shall  appoint  a  tax  col- 
lector, a  freeholder,  who  shall  be  a  resident  of  the  city,  and  who  before 
entering  upon  the  discharge  of  his  duties  shall  give  bond  in  the  sum  of 
five  thousand  dollars,  with  two  or  more  securities  freeholders  in  the 
city  of  Xewbern,  to  be  approved  by  the  mayor  and  council,  and  who 
shall  justify  before  a  justice  of  the  peace  in  double  the  amount  of  the 
bond  payable  to  the  mayor  and  council  of  the  city  of  Xewbern,  with 
condition  for  the  due  collection,  payment  and  settlement  of  the  taxes 
imposed  by  the  council  of  said  city;  and  the  said  tax  collector  is  hereby 
vested  with  the  same  power  and  authority  to  collect  the  said  taxes  as 
well  as  those  contained  in  the  list  of  taxables  as  those  due  from  delin- 
quents by  distress  or  otherwise  as  by  law  the  sheriffs  of  the  states  are 
or  may  be  empowered,  and  he  shall  be  entitled  to  five  per  cent,  on  the 
gross  amount  of  all  taxes  collected  as  a  compensation  for  his  services; 
and  in  case  of  failure  to  collect  and  pay  the  same  within  the  year  for 
which  such  taxes  are  laid  said  tax  collector  shall  forfeit  his  compensa- 
tion for  collection,  and  it  shall  and  may  be  lawful  for  the  superior 
courts  of  Craven  county,  on  motion  in  behalf  of  said  mayor  and  coun- 
cil to  give  judgment  against  said  tax  collector  and  his  sureties  or 
against  their  heirs,  executors  or  administrators  for  all  moneys  where- 
with said  tax  collector  may  be  chargeable  to  said  mayor  and  council, 
except  such  part  thereof  as  may  be  allowed  to  said  tax  collector  by  the 
council  as  insolvents  or  such  as  on  proofs  to  the  said  court  may  by  said 
court  or  jury  by  whom  such  case  is  tried  be  allowed  to  said  tax-collector 
as  insolvent,  with  costs  of  suit,  and  thereupon  to  award  execution  as  in 
other  cases  of  judgment  in  said  court:  Provided,  that  ten  days"'  notice 
of  such  motion  shall  be  given  to  every  person  against  whom  such  judg- 
ment is  applied  for;  Provided,  that  it  shall  be  sufficient  notice  of  the 
sale  of  any  property  by  said  tax  collector  for  taxes  to  advertise  the  same 
in  a  newspaper  printed  in  the  city  of  Newbern  for  four  weeks;  and  for 
any  misapplication  of  the  funds  that  may  come  into  his  hands  as  tax 
collector  he  shall  be  liable  to  indictment  as  for  a  misdemeanor. 

Sec.  36.  That  the  said  mayor  and  council  shall  appoint  from  their 
body  a  treasurer  who  shall  give  bond  in  the  sum  of  five  thousand  dol- 
lars payable  to  the  mayor  and  council  of  the  city  of  Newbern,  with  two 
or  more  sureties  to  be  approved  by  the  council,  who  shall  be  freeholders 
in  the  city  of  iSTewbern,  and  who  shall  justify  before  a  justice  of  the 
peace  in  double  the  amount  of  the  bond  conditioned  for  the  faithful 
discharge  of  the  duties  of  treasurer.  Said  treasurer  shall  publish  a 
monthly  itemized  statement  of  all  moneys  received  and  disbursed  by 
him,  in  every  ward  of  the  city  and  at  the  courthouse  door,  which  shall 
be  sworn  to  before  a  justice  of  the  peace. 

Sec.  37.  That  no  property  or  subjects  of  taxation  which  are  especial- 
ly exempted  shall  be  taxed  by  the  city,  and  that  the  annual  tax  upon 
the  poll  shall  not  exceed  the  sum  of  one  dollar,  and  that  the  annual  tax 


16 

on  real  estate  and  personal  property  shall  not  exceed  the  sum  of  fifty 
cents  on  the  one  hundred  dollars  valuation:  Provided,  that  sixteen  and 
two-thirds  cents  on  the  one  hundred  dollars  valuation  of  the  above  tax 
shall  be  annually  reserved  by  the  city  treasurer  until  the  amount  so  re- 
served shall  be  sufficient  to  purchase  a  steam  fire  engine,  hose  and  nec- 
essary apparatus  of  [for]  the  city  of  Newbern. 

Sec.  88.  That  when  a  sufficient  amount  shall  have  been  reserved  to 
purchase  a  steam  fire  engine,  hose  and  necessary  apparatus,  such  pur- 
chase shall  be  made  without  delay. 

Sec.  39.  That  after  a  sufficient  amount  is  collected  to  purchase  a 
steam  fire  engine,  hose  and  necessary  apparatus  the  annual  tax  on  real 
and  personal  property  shall  not  exceed  thirty-three  and  one-third  cents 
on  the  one  hundred  dollars  valuation. 

Sec.  40.  No  sale  of  real  estate  in  said  city  for  the  payment  of  taxes 
assessed  against  such  real  estate  shall  be  invalid  on  account  of  the  same 
having  been  assessed  as  belonging  to  any  other  than  the  owner,  or  as 
the  property  of  an  unknown  owner,  or  on  account  of  any  informality 
or  irregularity  whatever  in  any  proceedings  for  its  assessment  or  sale, 
unless  the  person  impeaching  such  sale  shall  show  that  the  taxes  so 
appearing  as  assessed  on  such  property,  and  all  the  penalties  and  costs 
accruing  on  such  assessment  and  the  proceedings  for  the  sale,  were 
paid  at  the  time  of  the  sale  of  the  said  property. 

Sec.  41.  That  the  tax  collector  is  hereb}^  authorized  and  empowered 
to  sell  the  real  estate  in  the  city  for  taxes  whether  such  real  estate  be- 
longs to  resident  or  non-residents  or  to  persons  unknown,  and  to  sell 
aay  one  lot  or  sub-division  of  a  lot,  or  so  much  and  such  part  thereof 
as  may  be  necessary  to  pay  the  taxes  due;  and  further,  that  the  owner 
or  any  one  for  him,  or  any  mortgagee  or  person  having  a  lieji,  be  allow- 
ed to  redeem  any  property  sold  for  taxes  at  any  time  within  two  years 
on  paying  the  purchaser  or  the  city  treasurer  for  him  the  amount  of 
the  tax,  costs  and  expenses  of  sale  paid  by  the  purchaser,  with  twenty- 
five  per  cent,  thereon  and  two  dollars  for  the  expense  of  reconveyance. 
The  board  of  councilmen,  by  the  mayor,  tax  collector  or  any  other 
agent,  may  purchase  any  real  estate  sold  for  taxes,  and  in  such  event 
the  deed  conveying  the  same  shall  be  made  to  the  city,  and  all  such 
real  estate  so  purchased  may  be  deemed  as  other  real  estate  sold  for 
taxes  as  aforesaid,  and  when  so  redeemed  the  mayor  shall  reconvcy  the 
same  to  the  owner  or  owners,  or  his  or  tlieir  agent  or  heirs-at-law  at 
their  expense  as  aforesaid.  The  land  of  an  infant,  lunatic  or  person  non 
compos  mentis  shall  not  be  sold  for  taxes,  and  when  the  same  shall  be 
owned  in  common  witli  others  free  from  such  disability,  the  sale  shall 
be  made  according  to  section  two,  chapter  ninety -nine  of  the  Revised 
Code. 

Sec.  42.  That  if  the  real  estate  sold  as  aforesaid  shall  not  be  redeemed 
within  the  time  specified  the  then  tax  collector  sliall  convey  the  same 


17 

in  fpe  to  the  said  purchaser  or  his  assigns,  and  the  recital  in  such  con- 
veyance or  in  any  other  conveyance  of  land  sold  for  taxes  due  the  city 
that  tlie  taxes  were  due  shall  be  prima  facie  evidence  that  the  same 
was  true. 

Sec.  43.  If  the  party  charged  with  taxes  and  failing  to  pay  the  same 
shall  have  personal  property  within  the  city  limits  of  the  value  equal  to 
the  tax  charged  against  him,  the  tax  collector  shall  seize  and  sell  the 
same  in  the  same  manner  as  is  required  for  the  sale  of  property  by  the 
sheriffs  under  execution. 

Sec.  44.  That  the  board  of  councilmen  shall  not  allow  any  compen- 
sation of  any  services  rendered  by  the  auditing  committee  in  the  dis- 
charge of  their  duties  as  such  committee,  nor  to  any  member  thereof 
in  the  discharge  of  the  duties  of  the  same. 

Sec.  45.  That  the  board  of  councilmen  are  authorized  to  make  such 
rules  and  regulatioQS  as  they  may  deem  proper  for  the  erection,  contin- 
uance or  discontinuance  of  all  sheds,  awnings  and  signs  over  the  side- 
walk, and  of  all  platforms  and  bridges  on  or  over  said  sidewalks  or 
ditches  of  the  city. 

Sec.  4(3.  That  the  board  of  councilmen  are  hereby  emi^owered,  upon 
any  special  occasion  wlien  it  may  be  deemed  necessary  for  the  peace 
and  quiet  of  the  city,  to  appoint  such  extra  police  force  as  may  be  re- 
Cjuired,  and  whose  compensation  shall  not  exceed  the  sum  of  one  dollar 
per  day. 

Sec.  47.  All  tax  lists  which  have  or  may  hereafter  be  placed  in  the 
iKinds  of  the  tax  collector,  thf  minutes  of  all  meetings  as  recorded  by 
the  clerk  of  the  board,  and  all  documents  or  books  containing  any  rec- 
ord relative  to  the  government  of  the  city,  shall  be  opened  for  the  in- 
spection of  the  public. 

Sec.  48.  All  ordinances  passed  by  the  board  of  councilmen  for  the 
better  government  of  the  city  shall  be  entered  in  the  minutes  of  the 
meeting  at  which  they  were  passed,  and  also  recorded  in  a  book  to  be 
kept  for  that  distinct  purjDose,  and  which  shall  set  forth  the  number  of 
the  ordinances  and  the  date  of  their  passage. 

Sec.  49.  That  no  ordinances  shall  be  of  effect  until  public  notice  shall 
have  been  given  of  the  passage  of  the  same,  either  by  advertisement  for 
one  week  in  some  daily  paper  of  the  city,  or  by  notice  for  ten  days  in 
each  ward  of  the  city,  and  at  the  court  house  door. 

Sec.  50.  All  the  work  to  be  done  for  the  city  wherein  the  total 
amount  for  material  and  labor  shall  exceed  the  sum  of  two  hundred 
dollars  shall  be  let  out  only  on  written  contract  to  the  lowest  bidder, 
and  no  contract  shall  be  made  but  by  a  concurring  vote  of  six-eights  of 
all  the  councilmen.  Xo  work  or  contract  shall  be  subdivided  so  as  to 
defeat  the  operation  of  this  section. 

Sec.  51,  That  all  vote-  taken  in  making  appropriations  or  contracts 
shall  be  entered  upon  the  minutes  of  the  meeting  at  which  such  vote 


18 

was  taken,  and  shall  designate  the  names  of  the  councilmen  voting  in 
the  affirmative  and  likewise  those  voting  in  the  negative. 

Sec.  53.  If  among  the  number  voted  for  councilmen  there  should  be 
any  two  or  more  who  liave  an  equal  number  of  votes,  and  either  would 
be  elected  but  for  the  equal  vote,  the  registrar  of  the  ward  in  which 
such  tie  occurs  shall  decide  the  election. 

Sec.  53.  That  this  act  shall  be  enforced  from  and  after  its  ratification, 
and  all  laws  and  parts  of  laws  in  conflict  with  this  act  are  hereby  re- 
pealed. 

Ratified  the  4th  day  of  March,  A.  D.  1879. 


AN  ACT  TO  AMEND  THE  GHARTER  OF. THE  CITY  OF  NEWBERN. 
The  General  Assembly  of  North  Carolina  do  enact : 

Section  1.  That  the  forty-ninth  section  of  an  act  passed  in  1879, 
chapter  42,  entitled  "An  Act  to  amend  the  Charter  of  the  city  of  New- 
bern"  be  amended  so  as  to  read  as  follows :  No  ordinance  shall  take 
effect  until  after  it  shall  have  been  published  either  in  a  daily  paper  of 
the  city  or  posted  for  five  days  at  the  police  station. 

Sec.  2.  That  this  act  shall  be  enforced  from  and  after  its  ratification, 
and  all  laws  and  parts  of  laws  in  conflict  with  this  act  are  hereby  re- 
pealed. 

Ratified  the  18th  day  of  January,  A.  D.  1881. 


AN  ACT   FOR  THE   BETTER    PROTECTION    OF   FARMERS  AND 

FISHERMEN.  , 
The  General  Assembly  of  North  Carolina  do  enact :  .  ] 

Section  1.  That  it  shall  be  unlawful  for  the  board  of  aldermen  or  I 
other  proper  authorities  of  the  cities  of  Wilmington,  Tarboro  and  New-  s 
bern  to  impose  or  collect  any  tax  on  or  for  the  sale  of  fresh  meats,  beef,  " 
pork,  mutton,  game,  fish,  oysters,  clams,  garden  truck  and  all  farm 
products,  on  any  of  the  streets  or  alleys  thereof  from  wagons,  carts,  t; 
shops  or  stores,  or  to  in  any  manner  interfere  with  the  sale  of  the  above-  ji 
named  articles.  ti 

Sec.  2.  Any  person  or  persons  violating  the  provisions  of  the  above  ]f 
section  of  this  article  [act]  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  before  any  justice  of  the  peace  be  fined  not  less  than  (] 
fifty  dollars  or  imprisoned  not  less  than  thirty  days  for  each  and  everyi  q[ 
offence. 

Sec.  3,  That  all  laws  and  clauses  of  laws  in  conflict  with  this  act  are  jj 
hereby  repealed.  j 
Sec.  4.  This  act  shall  be  in  force  from  and  after  its  ratification.  ^, 
In  the  general  assembly  read  three  times,  and  ratified  this  the  5th  ^ 
day  of  March,  A.  D.  1881.  , 


19 


AN  ACT  TO  ESTABLISH  GRADED  SCHOOLS  IN  THE  CITY  OF  NEW  BERNE. 
The  General  Assembly  of  North  Carolina  do  enact: 

Section  1.  The  mayor  and  council  of  the  city  of  Now  Berne  are  au- 
tliorized  and  required  to  submit  to  the  qualified  voters  of  said  city  at 
the  next  regular  election  of  couuoilmen,  and  under  the  rules  and  reg- 
ulations governing  said  election,  whether  an  annual  assessment  shall 
be  levied  therein  for  the  support  of  one  or  more  graded  schools  in  said 
city.  That  such  qualified  voters  at  such  election  are  authorized  to  vote 
on  written  or  printed  ballots  the  words,  "for  schools"  and  ''against 
schools,"  and  the  penalties  for  illegal  and  fraudulent  voting  in  this  elec- 
tion shall  be  the  same  as  in  the  annual  election  for  councilmen  in  said 
city  of  New  Berne. 

Sec.  2.  In  case  a  majority  of  the  qualified  voters  at  such  election  shall 
vote  "for  schools,"  an  assessment  shall  be  levied  and  collected  by  the 
city  authorities  under  the  same  rules  and  regulations  by  which  other 
city  taxes  are  levied  and  collected,  and  the  assessment  collector  shall 
be  subject  to  the  same  liabilities  for  the  collection  and  disbursement  as 
he  is.  or  may  be,  for  city  taxes:  Provided,  that  the  assessment  collector 
shall,  before  receiving  the  assessment  list,  enter  into  bond  in  the  penal 
sum  of  double  the  amount  of  the  assessment  levied,  payable  to  the  city 
of  New  Berne,  conditioned  for  the  faithful  collecting  and  accounting 
for  said  assessment,  and  his  compensation  for  said  services  shall  not 
exceed  two  and  one-half  per  centum:  And  provided  further,  the  special 
assessments  so  levied  and  collected  shall  not  exceed  one-third  of  one 
per  centum  on  the  value  of  property  and  one  dollar  on  the  looll,  and 
that  the  assessments  thus  levied  and  collected  shall  be  applied  exclu- 
sively for  the  support  of  two  or  more  "graded  public  schools,"  and  shall 
not  be  appropriated  or  expended  for  any  other  purpose. 

Sec  3.  The  special  assessments  thus  levied  and  collected  from  the 
taxable  property  and  polls  of  white  persons  shall  be  expended  in  keep- 
ing up  a  graded  public  school  for  white  children  of  both  sexes  between 
the  ages  of  six  and  twentj^-one  years,  and  the  special  assessments  thus 
levied  and  collected  from  the  taxable  property  and  polls  of  colored 
persons  shall  be  expended  for  the  keeping  up  a  graded  public  school  for 
the  colored  children  of  both  sexes  between  the  ages  of  six  and  twenty- 
one  years  in  said  city. 

Sec.  4.  That  the  board  of  trustees  of  the  New  Berne  Academy  be  and 
they  are  hereby  constituted  the  board  of  trustees  for  the  graded  school 
for  the  white  children.  That  said  board  shall  have  power  to  fill  all  va- 
cancies occurring  in  said  board,  to  employ  teachers  and  to  do  all  such 
acts  as  may  be  necessary  to  carry  on  said  graded  school  for  the  white 
children. 


20 

Sec.  5.  That  the  money  arising  from  the  special  assessment  herein 
provided  for.  collected  from  the  property  and  polls  of  white  persons 
shall,  as  soon  as  collected,  be  paid  over  to  such  person  or  persons  as  the 
board  of  trustees  aforesaid  shall  appoint,  and  tliat  the  public  school 
money  which  shall  from  time  to  time  be  collected  under  the  general 
school  law  for  public  school  purposes  applicable  for  the  white  children 
in  said  citj^  of  New  Berne,  shall  be  in  like  manner  paid  over  to  said 
board  of  trustees,  and  shall  be  applied  for  keeping  up  the  said  public 
graded  school  or  schools. 

Sec.  6.  That  the  school  committee  of  district  number  eight  in  the 
county  of  Craven,  and  their  successors  in  ofifice,  and  E.  A,  Richardson, 
V.  A.  Crawford,  I.  B.  Abbott,  A.  Bass,  B.  W.  Morris,  George  H.  White, 
Eobert  G.  Mosely,  A.  G.  Oden,  George  S.  Fisher,  Josepli  Mumford,  M. 
F.  Bryan,  Rev.  George  B.  Willis,  John  A.  Jones,  H.  H.  Simmons,  Alex- 
ander Sanders,  E.  R,  Dudley,  C.  R.  Robbins,  be  and  they  are  hereby 
constituted  a  board  of  trustees  for  the  graded  school  for  the  colored 
children;  that  said  board  shall  have  power  to  fill  all  vacancies  occurring 
in  said  board;  to  employ  teachers  and  do  all  such  acts  as  shall  be  nec- 
essary to  carry  on  said  graded  school  for  colored  children. 

Sec.  7.  That  the  money  arising  from  the  special  assessment  herein 
provided  for,  collected  from  the  property  and  polls  of  colored  persons 
shall,  as  soon  as  collected,  be  paid  over  to  the  treasurer  of  the  county 
of  Craven,  and  held  by  him,  subject  to  the  orders  and  directions  of  the 
board  of  trustees  of  said  public  graded  school  for  the  colored  chil- 
dren, and  the  school  committee  of  district  number  eight  in  the  coun- 
ty of  Craven:  Provided,  said  Treasurer  shall  receive  as  compensation 
for  receiving  and  holding  said  money,  not  exceeding  two  and  one-half 
per  centum  upon  the  amount  so  received  and  held. 

Sec.  8.  That  the  principal  and  teachers  of  the  schools  in  this  act  pro- 
vided for,  shall  not  be  subject  to  the  restrictions  and  limitations  as  to 
salary  prescribed  by  section  fifty-one  of  chapter  sixty-eight,  of  Battle's 
Revisal,  but  may  be  paid  such  compensation  as  may  be  deemed  just  and 
proper. 

Sec.  9.  This  act  shall  be  in  force  from  and  after  its  ratification. 
In  the  general  assembly  read  three  times,  and  ratified  this  the  13tli 
day  of  February,  A.  D.  1888. 


2i 


AX  ACT  TO  AMEND  THE  CHARTER  OF  THE  CITY  OF  XEWBERX, 
Tlie  General  Asseinhhj  of  Xortli  Carolina  do  enact: 

Section  1.  That  section  thirty-seven  of  chapter  forty-two  of  the  pri- 
vate laws  of  one  thousand  eight  liundrecl  and  seventy-nine,  be  and  the 
same  is  hereby  amended  by  striking  out  the  word  "■fifty"  in  tlie  fifth 
line  of  said  section,  and  by  inserting  instead  thereof  the  word  ''sixty."' 
Further,  that  all  of  said  section  thirty-seven,  after  the  word  "valuation,"' 
in  the  sixth  line  thereof,  be  stricken  out:  Provided,  that  ten  cents  on 
the  one  hundred  dollars"  valuation  of  the  above  tax  shall  be  annually 
reserved  by  the  city  treasurer  for  two  years  for  the  payment  of  the 
judgment  debt  against  the  city  of  Newbern.  That  thereafter  the  an- 
nual tax  on  real  and  personal  property  shall  not  exceed  fifty  cents  on 
the  one  hundred  dollars  valuation. 

Sec.  ■■2.  That  section  tliirty-eiglit  and  section  thirty-nine  of  said  chap- 
ter forty-two  of  the  private  laws  of  one  thousand  eight  hundred  and 
seventy-nine,  be  and  the  same  is  hereby  repealed. 

Sec.  3.  That  this  act  shall  be  in  force  from  and  after  its  ratification. 

In  the  general  assembly  read  three  times,  and  ratified  this  the  28th 
day  of  February,  A.  D.  1883, 


z\X  ACT  TO  AMEXD  THE  CHARTER  OF  THE  CITY  OF  XE^VBERX". 

TJie  General  Assembly  of  North  Carolina  do  enact: 
Section  1.  That  chapter  forty-two.  section  thirty-seven,  of  the  laws 

of  eighteen  hundred  and  seventy-nine,  entitled  '"An  act  to  amend  the 
! charter  of  the  city  of  New  Berne,'"  and  all  acts  amendatory  thereto,  be 

amended  so  as  to  read:  '-That  no  property  or  subjects  of  taxation 

which  are  especially  exempted  shall  be  taxed  by  the  city,  and  that  the 

annual  tax  upon  the  poll  shall  not  exceed  the  sum  of  one  dollar  and 
j eighty  cents,  and  that  the  annual  tax  on  real  estate  and  personal  prop- 
jerty  shall  not  exceed  the  sum  of  sixty  cents  on  the  one  hundred  dollars' 

valuation," 

Sec.  2.  All  laws  in  conflict  with  this  act  are  hereby  repealed. 
Sec.  3.  This  act  shall  be  in  force  from  and  after  its  ratification. 
In  the  General  Assembly  read  three  times,  and  ratified  this  the  3rd 
day  of  March,  A.  D.  1885. 


22 


CHAPTER  I. 
Rules  for  the  Government  of  the  Board. 


SECTION. 

1.  Board  to  meet  monthly. 

2.  Order  of  Business. 

3.  Mayor  to  decide  questions  of 

order. 

4.  Previous  question. 

5.  Motion  to  adjourn. 

6.  Money  appropriations  and  or- 

dinance at  general  meeting- 
only. 

7.  Reconsideration, when  allowed. 

8.  Ordinances,  when  in  force. 


SECTION. 

9.  Standing  committees. 

10.  Elections,  how  made. 

11.  Conduct  of  members  during 

session. 

12.  Eestriction  on  debate. 

13.  Order  when  questions  are  put. 

14.  Precedence  of  motions. 

15.  When  question  divisible. 

16.  Amendments  and  substitutes. 

17.  Reports  from  committees. 

18.  Petitions  read  by  the  clerk,  &c. 


Section  1.  There  shall  be  a  regular  meeting  of  the 
councilmen  at  the  mayor's  office  on  the  first  Tuesday  in 
each  month,  and  the  meeting  in  May  shall  be  on  the 
Tuesday  after  the  first  Monday.  The  mayor  or  a  major- 
ity of  the  board  may  call  a  special  meeting  in  case  of 
emergency,  but  no  business  shall  be  transacted  at  such 
meeting  except  that  for  which  it  may  be  called.  Five 
members  of  the  board  shall  constitute  a  quorum.  If  a 
quorum  fail  to  attend  the  meeting  shall  stand  adjourned  | 
to  a  day  agreed  on  by  a  majority  of  the  members  present.  , 

Sec.  2.  Whenever  a  regular  meeting  shall  be  organized  i 
the  order  of  business  shall  be  as  follows  :  Calling  Roll  of 
Members.    Reception  of  Petitions.    Reports  of  Commit-  | 
tees.    Reports  of  Officers.    Unfinished  Business.  New 
Business.    Auditing  Bills.    Reading  Minutes.    Adjourn-  ^ 
ment. 

If  the  board  desires  any  matter  to  be  the  special  busi- 
ness of  a  future  meeting  the  same  shall  have  precedence  ^ 
at  such  meeting,    A  proposition  may  not  be  entertained 
by  the  mayor  until  it  is  recorded;  and  the  propounder 
vrhen  required  by  the  mayor  or  by  any  member  shall  re-  ^ 
duce  the  same  to  writing.  " 

Sec.  3.  The  mayor  shall  preserve  order,  decide  all  ques-  J' 
tions  of  order,  and  appoint  the  committees,  standing  and  J 
special;  but  any  member  may  appeal  to  the  board  from  '^^ 
the  decision  of  the  mayor  upon  any  question  of  order, , 
and  on  such  appeal  no  councilman  shall  speak  more  than  " 
once  without  leave  nor  longer  than  three  minutes.  |  ^' 


23 


Sec.  4.  The  previous  question  may  be  called  at  any 
time  by  a  majority  of  the  members  present.  The  ayes 
and  noes  may  be  called  by  any  member. 

Sec.  5.  A  motion  to  adjourn  shall  always  be  in  order 
and  shall  be  decided  without  debate. 

Sec.  G.  No  proposition  to  appropriate  money,  to  alter 
or  repeal  any  ordinance  or  rule  of  the  board,  to  enact  any 
new  ordinance  or  to  establish  any  new  rule  shall  be  made 
or  decided  at  any  other  than  a  regular  meeting. 

Sec.  7.  No  question  decided  by  the  board  shall  be  again 
brought  forward  at  any  subsequent  meeting  except  upon 
a  motion  made  by  some  member  who  voted  with  the 
majority.  A  motion  to  reconsider  a  vote  shall  not  be  in 
order  except  at  the  same  or  succeeding  adjourned,  meet- 
ing to  that  at  which  the  vote  was  taken;  provided  that  a 
vote  or  question  may  be  reconsidered  at  any  time  by  a 
vote  of  two-thirds  of  the  board. 

Sec.  8.  Every  ordinance  shall  be  in  force  from  and 
after  its  publication  according  to  charter  unless  a  longer 
or  fuller  notice  be  ordered. 

Sec.  9.  The  standing  committees  shall  be  as  follows, 
viz:  Fire  Department,  Finance,  Sanitary,  Police,  Streets 
and  Pumps,  Wharves  and  Docks,  Ordinances  and  Li- 
censes, Cemeteries,  Fire  District. 

Sec.  10.  All  elections  by  the  board  shall  be  made  by 
ballot  if  required  b}'  any  member;  and  a  majority  of  the 
votes  of  all  the  members  present  shall  be  necessary  to 
make  an  election  or  appointment. 

Sec.  11.  After  the  mayor  has  taken  the  chair  no  mem- 
ber shall  continue  standing  except  to  address  the  chair. 

Sec.  12.  Speakers  shall  rise  to  address  the  chair  and 
shall  confine  themselves  to  the  point  in  debate. 

Sec.  13.  When  the  mayor  is  putting  any  question  the 
councilraen  shall  remain  in  their  seats  and  shall  not  hold 
lany  private  discourse. 

Sec.  14.  When  a  question  is  under  consideration  no 
motion  shall  be  received  except  as  follows:  1.  To  lay  on 
the  table.  2.  To  postpone  to  a  time  certain.  3.  To  post- 
j  pone  indefinitely.  4.  To  refer  to  a  committee.  5.  To 
amend.  G.  To  divide.  And  motions  for  any  of  these 
purposes  shall  have  precedence  in  the  order  named. 

A  motion  to  adjourn  and  to  lay  on  the  table  shall  al- 
ways be  in  order,  and  shall  be  decided  without  debate: 
and  of  them  the  motion  to  adjourn  shall  have  precedence; 


24 


but  no  motion  to  adjourn  or  to  table  shall  be  entertained 
while  the  board  is  voting,  or  immediately  succeeding  the 
same;  (some  intervening  business  must  have  been  trans- 
acted.) 

Sec.  15.  If  a  question  under  discussion  contains  several 
distinct  propositions  the  same  shall  be  divided  at  the  re- 
quest of  any  member,  and  a  vote  taken  separately;  but 
a  motion  to  strike  out  and  insert  shall  be  indivisible. 

Sec.  16.  All  Amendments  shall  bo  considered  in  the  or- 
der in  which  they  are  moved.  When  a  proposed  amend- 
ment is  under  consideration,  a  motion  to  amend  the  same 
may  be  made.  No  further  amendment  to  such  second 
amendment  shall  be  in  order;  but  when  an  amendment 
to  an  amendment  is  under  consideration  a  substitute  for 
the  whole  matter  may  be  received.  No  proposition  on  a 
subject  different  from  the  one  under  consideration  shall 
be  received  under  color  of  a  substitute. 

Sec.  17.  The  reports  of  all  the  committees  shall  be  in 
writing  and  shall  be  received  as  a  matter  of  course  with- 
out motion  for  acceptance.  All  reports  recommending  or 
requiring  any  action  or  expression  of  opinion  by  the 
board  shall  be  accompaniexi  by  a  corresponding  resolu- 
tion. 


Sec.  18.  Applications  and  petitions  to  the  board  shall  j 
be  read  and  laid  on  the  table  as  a  matter  of  course,  sub-  . 
ject  to  any  motion  which  a  councilman  may  think  proper  , 
to  make.  All  such  applications  and  petitions  shall  be  ] 
presented  through  the  clerk  of  the  board.    .  ( 


8.  Resisting  an  officer.  ], 

Section  1.  The  police  organization  for  the  city  shall  ? 

consist  of  the  mayor,  the  city  marshal  and  as  many  po-  q 

licemen  as  the  board  of  councilmen  shall  from  'time  to  e 


CHAPTER  II. 
Police  Organization. 


SECTION. 

1.  The  police  force. 

2.  The  mayor. 

3.  The  marshal. 

4.  Police. 

5.  May  summon  posse. 

6.  May  enter  house. 

7.  Duties  at  fire,  &c. 


SECTION. 

9.  Sick  policeman. 

10.  Special  policemen. 

11.  Marshal  to  account  monthly, 

12.  Police  duties  distributed. 

13.  Marshal's  duties. 

14.  Uniform. 

15.  Detective. 


time  provide. 


25 


Sec.  2.  The  mayor  shall  have  the  general  control  of  the 
police  department  and  may  at  any  time  suspend  from  du- 
ty any  meinber  of  the  police  force  without  pay  until  the 
next  regular  monthly  meeting  of  the  councilmen,  when 
the  case  shall  be  disposed  of  by  the  board.  And  during 
such  intervals  of  suspension  the  mayor  shall  have  power 
to  appoint  a  substitute  and  to  call  a  special  meeting  for 
the  purpose  of  qualifying  such  substitute,  if  necessary. 

Sec.  3.  The  city  marshal  shall  be  elected  at  the  first 
regular  meeting  in  May  of  each  year.  He  shall  give  bond 
payable  to  the  "City  of  Seichem"  in  the  sum  of  two  hun- 
dred and  fifty  dollars  conditioned  for  the  faithful  perform- 
ance of  his  duties.  He  shall  be  chief  of  police,  and  under 
the  direction  and  control  of  the  mayor  shall  superintend 
and  regulate  the  department.  He  shall  keep  a  record 
book  and  enter  therein  all  violations  of  law  in  the  city,  or 
violations  of  city  ordinances  and  police  regulations  and 
by  whom  committed.  And  he  shall  transfer  from  said 
record  book  to  the  mayor's  trial  docket  all  cases  requiring 
judgment.  He  shall  report  to  the  maj'or  each  day,  at  an 
hour  to  be  designated  by  the  mayor,  a  docket  of  cases 
prepared  with  the  parties  defendant,  warrants  of  arrest, 
and  witnesses  notices.  The  record  shall  always  be  sub- 
ject to  the  inspection  of  the  mayor  and  any  member  of 
the  board  of  councilmen.  It  shall  be  the  duty  of  the  mar- 
shal to  collect  all  fines  and  cost  imposed  by  the  mayor, 
and  he  shall  be  allowed  for  collecting  said  fines  and  cost 
one  half  the  cost  taxed  on  the  warrants  by  the  mayor. 
He  shall  pay  over  to  the  treasurer  weekly  the  amount  re- 
ceived by  him,  reserving  his  half  costs,  accompanied  by 
a  sworn  statement.  He  shall  further  perform  all  the  du- 
jties  imposed  upon  him  by  law  and  by  the  ordinances  of 
the  city,  or  which  may  hereafter  be  imposed.  His  salary 
shall  be  fixed  by  the  board,  and  he  shall  be  subject  to  sus- 
pension by  the  mayor  until  a  regular  meeting  of  the  board, 
and  then  to  removal  for  cause,  two-thirds  of  the  board 
concurring. 

Sec.  -i.  Policemen  who  may  be  provided  to  assist  the 
chief  of  police  shall  be  elected  for  twelve  months,  subject 
to  suspension  as  provided  in  the  second  section  of  this 
chapter  and  to  removal  from  office  for  cause  at  any  regu- 
lar meeting  of  the  board.  It  shall  be  the  duty  of  the  mar- 
shal and  his  assistants  to  suppress  all  disturbances  of  the 
quiet  and  good  order  of  the  city,  and  to  arrest  all  offend- 
ers against  the  same,  to  prevent  as  far  as  possible  injury 
to  the  city  property  and  to  the  streets  and  sidewalks,  and 


26 


to  report  to  the  mayor  any  repairs  needed,  to  report  com- 
plaints of  any  disordly  houses  or  houses  of  ill-fame  in  the 
city,  to  ascertain  if  spirituous  liquors  are  retailed  by  any 
person  in  the  city  other  than  those  authorized  by  law, 
and  report  the  same. 

Sec.  0.  Policemen  have  authority  if  resisted  in  the  ex- 
ecution of  their  duties  to  summon  a  sufficient  number  of 
men  to  aid  them  in  enforcing  the  law;  and  if  any  person 
so  summoned  shall  refuse  to  assist,  the  policeman  is  here- 
by directed  to  report  the  same  to  the  mayor  who  shall 
proceed  against  them  as  the  law  directs. 

Sec.  6.  Whenever  the  city  police  shall  have  good  rea- 
son to  believe  that  a  person  who  has  committed,  or  who 
is  in  the  act  of  committing  a  violation  of  law  or  ordinance, 
they  shall  have  power  to  enter  the  same  without  warrant 
for  the  apprehension  of  such  person;  and  if  necessary  to 
summon  a  posse  to  aid  them;  and  all  persons  so  summon- 
ed shall  have  like  power. 

Sec.  7.  Upon  the  occurrence  of  a  fire  the  policeman 
shall  give  instant  alarm  by  ringing  the  alarm  bell  at  the 
police  station  and  causing  others  to  be  rung,  if  possible  ; 
and  shall  be  present  at  every  fire  to  preserve  order  and 
to  protect  property  under  the  direction  of  the  mayor,  or 
in  his  absence  under  the  direction  of  the  marshal.  They 
shall  not  enter  into  any  house  or  yard  except  in  pursuit 
of  a  fugitive  or  to  suppress  disorder.  No  policeman  shall 
participate  in  any  political  or  other  public  meeting  while 
on  duty.  They  are  also  forbidden  to  frequent  liquor 
houses  except  in  the  legitimate  discharge  of  their  duties. 
A  failure  to  conform  to  the  provisions  of  this  ordinance 
shall  subject  the  ofi:ender  to  immediate  suspension  and 
ultimate  removal  from  office,  according  to  previous  ordi- 
nances of  this  chapter,  sections  2  and  4.  They  shall  se- 
cure in  jail  or  in  the  police  guard  rooms  all  persons  who 
shall  make  a  disorderly  noise  in  a  street  or  elsewhere  in 
the  city,  or  who  shall  otherwise  disturb  the  good  order  of 
the  same,  violate  the  ordinances  of  the  city  or  the  laws  of 
the  State. 

Sec.  8.  Any  person  who  shall  assault,  oppose,  ridicule, 
resist  or  in  any  manner  abuse  an  officer  of  the  city  or 
member  of  the  police  while  in  the  discharge  of  his  duty, 
shall  upon  conviction  be  fined  twenty  dollars  or  impris- 
oned for  one  month,  with  or  without  labor. 

Sec.  9.  When  any  member  of  the  police  force  shall  be 
unable  from  sickness  or  other  unavoidable  cause  to  per- 


27 


form  his  clut}^  he  shall  notify  the  mayor,  who  is  hereby 
authorized  to  employ  a  substitute  for  the  particular  occa- 
sion, the  expenses  of  the  said  substitute  to  be  deducted 
from  any  amount  due  the  said  policeman. 

Sec.  10.  On  public  occasions  when  in  the  mayor's  judg- 
ment it  may  be  necessary,  he  shall  be  authorized  to  ap- 
point and  commission  special  policemen  to  take  chage  of 
such  localities  as  may  be  designated,  for  the  preservation 
of  order  and  decorum;  provided  the  expense  on  this  ac- 
count shall  be  passed  upon  by  the  council,  and  provided 
the  mayor  shall  be  authorized  to  withdraw  any  authority 
granted  under  this  ordinance  and  appoint  other  officers 
when  he  may  deem  it  expedient. 

Sec.  11.  The  cit}^  marshal  shall  be  required  to  make  on 
the  first  Monday  in  each  month  returns  verified  by  oath 
of  all  fines,  forfeitures  and  collections  of  every  kind  which 
have  been  or  ought  to  have  been  received  by  him  by  vir- 
tue of  his  office  for  the  preceding  month,  not  previously 
returned.  Said  statement  shall  be  filed  with  the  clerk  of 
the  board,  who  shall  report  the  same  at  the  first  meeting 
thereaftei*.  The  said  city  marshal  shall  pay  weekly  to 
the  treasurer  for  the  use  of  the  city  the  amount  owing  by 
him. 

Sec.  12.  The  duties  of  the  present  police  force  until  oth- 
erwise ordered,  shall  be  distributed  as  follows:  The  per- 
son assigned  for  night  duty  shall  take  his  position  at  the 
police  station  at  7  o'clock  p.  m.  and  remain  until  12  o'clock 
m.  He  shall  then  be  relieved  and  the  officer  relieving  him 
shall  remain  from  12  o'clock  m.  to  7  o'clock  a.  m.  The 
persons  assigned  for  day  duty  shall  relieve  the  night  po- 
liceman at  7  o'clock  in  the  morning  and  remain  on  duty 
at  the  station  house  until  one  o'clock.  He  shall  then  be  re- 
lieved and  the  officer  relieving  him  at  one  o'clock  shall 
remain  on  duty  until  7  o'clock  p.  m.    The  officer  perform- 
ing street  duty  shall  go  on  duty  at  7  o'clock  a.  m.  and 
remain  until  one  o'clock  p.  m.,  and  he  shall  be  relieved  at 
jone  o'clock  p.  m.,  and  the  officer  relieving  him  remain  on 
Iduty  until  7  o'clock  p.  m.    He  shall  then  be  relieved  by 
[another  officer  who  shall  remain  on  duty  until  12  o'clock 
•|p.  m.   If  cither  night  or  day  policeman  sleep  on  his  post  or 
,  jabsent  himself  from  the  same  during  his  hours  of  service, 
■  jor  if  the  city  marshal  or  an}^  policeman  found  intoxicated 
jwhile  on  duty,  they  shall  be  subject  to  suspension  or  dis- 
j  'missal  from  service.    The  officer  on  duty  at  the  time  at 
.  :the  station  house  shall  give  the  fire  alarm,  and  shall  have 


28 


charge  of  prisoners  who  may  be  committed  to  the  guard 
house,  and  shall  prevent  any  loafing  around  the  City  Hall 
offices,  and  shall  be  responsible  for  the  cleanliness  of  the 
same. 

Sec.  13.  The  city  marshal  is  responsible  for  the  execu- 
tion of  the  above  regulations,  and  he  is  hereby  authorized 
and  instructed  to  make  such  arrangements  as  may  be 
necessary  to  carry  them  out.  And  it  is  hereby  declared 
to  be  his  duty  to  pass  around  the  city  at  reasonable  inter- 
vals, and  give  his  attention  to  the  enforcement  of  the  or- 
dinances of  the  city,  to  superintend  the  works  which  may 
be  ordered  for  securing  and  promoting  the  health,  con- 
venience, or  ornament  of  the  city,  to  diligently  use  the 
money  w^hich  shall  be  put  into  his  hands  for  the  purpose 
of  carrying  out  the  resolves  and  orders  of  the  board  of 
councilmen  with  as  little  delay  as  possible,  to  attend  the 
meetings  of  the  board,  and  in  general,  to  perform  all  law- 
ful orders  or  commands  given  by  it. 

Sec.  14.  The  uniform  of  the  marshal  and  each  member 
of  the  police  shall  be  a  dark  blue  sack  coat,  vest  and 
pants,  with  brass  buttons  and  the  letter  P.  engraved 
thereon,  a  dark  blue  or  black  helmet  hat,  and  the  metalic 
badge  now  in  use,  which  badge  shall  be  worn  on  the 
breast  of  the  coat.  The  above  uniform  shall  always  be 
worn  whenever  said  officer  shall  be  on  duty  unless  other- 
wise ordered  by  the  police  committee. 

Sec.  15.  Whenever  in  the  opinion  of  the  mayor  it  shall 
be  proper  and  necessary  to  employ  a  secret  detective,  the 
mayor  shall  have  power  to  do  so;  provided  no  greater 
expense  than  twenty-five  dollars  shall  be  incurred  with- 
out a  previous  vote  of  the  board  of  councilmen. 


CHAPTER  III. 
Streets  and  Pumps. 


SECTION. 

1.  Duty  of  Marshal. 

2.  Footways  and  gutters. 

3.  Cellar  doors. 

4.  Wells,  pumps  and  cisterus. 

5.  Encroachments  on  streets. 

6.  Obstructions  on  streets. 

7.  Wood  and  coal  on  streets. 

8.  Shade  trees. 

9.  Hitching  horses. 

10.  Rubbish  on  streets. 

11.  Removing  loam,  &c. 

12.  Sidewalks. 


SECTION. 

13.  Speed  of  loaded  carts. 

14.  Fast  driving,  &c. 

15.  Vehicles  not  to  be  stopped  on 


sidewalks,  &c. 
16.  Playing  games  and  throwing 


stones,  &c. . 

17.  Injury  to  bridges  and  lamps. 

18.  Vehicles  not  in  use. 

19.  Injury  and  improper  use  of 


wells  and  pumps. 

20.  Firing  arms,  &c. 

21.  Signs  and  lamp  posts. 


29 


SECTION. 

22.  Marshal  on  working  streets. 

23.  Bills  examined. 

24.  Market  dock. 

25.  Shells  to  be  thrown  on  wharf. 

26.  Not  in  dock  or  harbor. 


SECTIOX. 

27.  Tehicles  cutting  into  ditches. 

28.  Coops,  booths,  stands  and  stalls. 

29.  Gutter  pipes  and  drains. 

30.  Ditches  and  holes  on  sidewalks. 

31.  Waste  paper,  &c.  on  streets. 


Section  1.  The  marshal  shall  employ  and  superintend 
all  the  laborers  required  by  the  city  to  work  upon  the 
streets  and  other  public  works.  He  shall  report  to  the 
street  committee  weekly  the  time  that  each  employee 
has  worked,  the  cost  of  the  labor  and  material  and  all 
other  expenses  incurred  by  him  on  account  of  the  city. 
He  shall  further  perform  all  the  duties  imposed  upon  him 
by  these  ordinances  or  which  shall  hereafter  be  imposed 
by  tho  council. 

Sec.  2.  Every  occupant  of  a  lot  on  any  street  shall  keep 
the  footway  clean  and  the  gutter  open  and  free  from  ob- 
structions as  far  as  such  lot  extends.  If  any  rubbish, 
dirt,  filth  or  other  thing  be  placed  or  left  without  lawful 
authority  on  such  footway  or  in  such  gutter,  the  occupant 
of  the  lot  shall  remove  the  same.  If  twelve  hours  elapse 
after  notice  by  the  marshal,  by  the  mayor  or  one  of  the 
council,  without  removal,  the  occupant  shall  upon  proof 
of  the  same  be  lined  three  dollars. 

Sec.  3.  Ever}^  owner  of  a  house  on  a  street  which  has  a 
cellar  door,  vault  or  pavement  of  wood,  stone  or  brick, 
shall  keep  the  same  in  repair.  If  he  shall,  after  being 
notified  to  do  so  by  the  mayor,  a  member  of  the  street 
committee  or  by  the  marshal,  fail  for  the  space  of  five 
days  to  repair  the  same,  he  shall  be  fined  five  dollars. 
And  every  day  which  shall  elapse  thereafter  until  the  re- 
pairs are  made  shall  constitute  a  distinct  offence.  If 
there  be  several  owners  of  such  house  it  shall  be  sufficient 
to  give  the  notice  to  any  one  of  them  ;  if  the  owner  be  a 
non-resident  the  notice  may  be  given  to  his  agent  or  to 
the  occupant  of  the  house. 

Sec.  4.  If  any  person  shall  throw  filth  or  rubbish  of  any 
kind  into  the  public  wells,  or  in  any  manner  injure  the 
public  pumps,  he  shall  be  fined  five  dollars  or  imprisoned 
ten  days. 

Sec.  5.  No  citizen  of  i)Tewbern  shall  encroach  upon  the 
streets  by  erecting  any  piazza,  porch,  stoup,  paling, 
chimney  or  other  obstruction  on  pain  of  being  compelled 
to  remove  the  same  ;  or,  at  the  option  of  the  council,  of 
paying  such  annual  tax  as  may  be  imposed  by  the  board. 


30 


Sec.  6.  ISTo  brick,  stone,  wood  or  other  substance  ob- 
structing the  streets  shall  be  suffered  to  be  in  the  same. 
And  no  person  sha]l  place  in  any  street  or  alley  or  upon 
any  sidewalk,  boxes,  casks,  crates,  barrels  or  other  ob- 
structions; provided,  however,  that  building  material, 
earth  and  other  obstructions  of  like  character  may  be,  by 
permission  of  the  mayor,  in  writing,  allowed  under  such 
restrictions  as  he  may  prescribe.  Every  person  offend- 
ing against  these  provisions  shall,  upon  conviction,  be 
fined  five  dollars  for  each  and  every  offence,  and  a  like 
sum  for  each  and  every  day  that  such  obstructions  are 
permitted  to  remain. 

Sec.  7.  No  wood  or  coal  shall  be  allowed  to  remain  on 
the  streets  or  foot  ways  obstructing  the  same  for  a  longer 
period  than  twelve  hours  after  said  wood  or  coal  shall 
have  been  delivered  to  the  person  ordering  the  same. 
For  a  violation  of  this  section  a  fine  of  two  dollars  shall 
be  imposed  upon  the  party  or  parties  ordering  the  same, 
for  each  day  the  coal  or  wood  may  remain  on  the  street 
or  foot  way. 

Sec.  8.  The  citizens  may  plant  trees  in  front  of  their 
lots  on  the  line  dividing  the  foot  way  from  the  street, 
and  if  any  person  shall  destroy,  cut  or  disfigure  such 
trees  without  permission  from  the  council  or  mayor,  he 
shall  pay  a  fine  of  five  dollars  upon  conviction. 

Sec.  9.  No  person  shall  fasten  a  horse  or  other  animal 
to  the  street  trees  of  the  city  or  any  fence  enclosing  pub- 
lic grounds,  or  grounds  of  public  institutions.  For  a  vio- 
lation of  this  section  persons  upon  conviction  shall  be 
fined  one  dollar.  , 

Sec.  10.  All  persons  are  prohibited  from  depositing  any 
dirt  taken  from  any  cellar  or  other  place,  upon  any  of  the  | 
streets  of  the  city  without  permission  of  the  marshal.  A 
violation  shall  subject  the  offender  to  a  fine  upon  convic-  | 
tion  of  ten  dollars.  i 

Sec.  11.  No  person  shall  remove  any  sand  or  dirt  from  i 
the  street,  or  loam  or  clay  from  any  public  lot  of  the  city, 
to  a  point  either  within  or  without  the  limits  of  the  cor-  ( 
poration.  The  offender  shall  be  fined  three  dollars  for  ] 
each  and  every  offence.  It  shall  be  the  duty  of  the  offi-  < 
cers  of  the  city  to  report  to  the  mayor  any  breach  of  this  j 
section  immediately. 

Sec.  12.  No  person  shall  lead,  ride  or  drive  any  horse  j 
or  other  animal  upon  any  foot  way,  except  such  part  of  j 
it  as  lies  directly  between  the  carriage  way  and  the  en-  j 


31 


trance  to  an  adjacent  lot,  and  only  for  the  purpose  of 
going  into  and  out  of  said  lot.  Xor  shall  any  one  place 
on  the  foot  way  of  a  public  street,  any  wheel  barrow, 
hand  cart,  hand  carriage  or  any  other  vehicle,  except  in 
passing  directly  across  the  foot  way  into  or  out  of  a  house 
or  lot.  Offenders  shall  be  fined  two  dollars  for  each 
offence:  Provided,  nothing  in  this  section  shall  prevent 
the  use  on  such  foot  ways  of  a  carriage  conveying  an  in- 
fant or  an  invalid. 

Sec.  13.  No  person  shall  drive  any  loaded  dray,  cart  or 
wagon  in  a  public  street  out  of  a  walk,  nor  shall  the 
driver  of  any  vehicle  on  the  street,  wantonly  with  his 
whip  or  otherwise,  annoy  others,  or  suffer  his  vehicle  to 
stand  or  pass  on  any  business  street  without  holding  the 
reines,  except  in  the  case  of  a  wagon,  cart  or  dray  while 
delivering  or  receiving  a  load.  When  vehicles  meet  each 
shall  go  to  the  right;  when  going  in  the  same  direction 
one  passes  another  it  shall  pass  to  the  right,  and  the 
driver  passed  shall  give  way  for  the  purpose.  Any  per- 
son offending  against  the  provisions  of  this  section  shall 
be  fined  two  dollars  for  each  offence. 

Sec.  l-t.  xso  person  shall  ride  or  drive  a  horse  or  other 
animal  on  any  street  faster  than  an  ordinary  trot,  nor 
break  any  horse  or  other  animal  in  any  street.  For  each 
offence  the  person  convicted  shall  pay  a  fine  of  five 
dollars. 

Sec,  15.  No  person  shall  stop  any  vehicle  on  a  foot  way 
or  common  crossing  for  foot  passengers.  For  doing  so  he 
shall  be  fined  one  dollar.  And  for  every  five  minutes  he 
shall  remain  after  being  warned  to  leave,  he  shall  be  re- 
garded as  committing  a  distinct  offence.  Provided,  the 
driving  of  a  cart  or  wagon  on  the  foot  way  to  deliver 
wood  or  coal  shall  not  be  deemed  a  violation  of  this  sec- 
tion, if  the  same  be  delivered  without  delay,  and  the 
vehicle  removes  from  the  footway  as  soon  as  the  load  is 
delivered. 

Sec.  16.  All  gamies  of  every  description,  the  throwing 
of  stones,  shot  or  missiles  on  the  streets  and  sidewalks  of 
Newborn  are  forbidden,  and  every  person  offending 
against  this  section  shall  be  fined  two  dollars  for  each 
and  every  offence. 

Sec.  17.  Any  person  who  shall  injure  a  bridge  or  other 
property  belonging  to  the  city,  or  place  obstructions  in 
any  culvert,  drain  or  sewer,  public  or  private;  or  injure 
any  of  the  city  lamps  or  lamp  posts,  shall  be  fined  upon 


32 


conviction  ten  dollars.  And  if  he  fail  to  repair  the  in- 
jury or  remove  the  obstruction  for  twenty -four  hours  af  - 
ter notice  from  the  mayor  or  a  member  of  the  street  com- 
mittee, every  day  that  shall  elapse  tliereafter  without 
such  repair  or  removal  shall  constitute  a  distinct  offence. 

Sec.  18.  No  wagon,  cart,  carriage,  buggy  or  other  ve- 
hicle shall  be  permitted  to  stand  in  any  street  when  not. 
in  use  by  the  owner.  The  offender  shall  be  fined  one 
dollar  upon  conviction  for  each  offence. 

Sec.  ,19.  No  person  shall  put  or  allow  tubs  or  barrels  to 
stand,  or  do  the  cleaning  thereof  at  the  public  pumps. 
Neither  shall  any  one  wash  articles,  nor  water,  nor  wash 
animals  about  the  public  pumps.  The  offender  against 
the  foregoing  part  of  this  section  shall  be  fined  two  dol- 
lars upon  conviction.  If  any  person  shall  wilfully  or 
negligently  by  unreasonable  or  violent  use  or  otherwise, 
injure  any  public  well  or  pump  in  the  city,  he  shall  pay  a 
fine  of  five  dollars.  And  the  city  police  are  instructed  to 
use  special  diligence  in  carrying  this  section  into  effect. 

Sec.  20.  Any  person  who  shall  shoot  off  a  gun  or  other 
fire  arms,  or  shoot  any  rocket,  pop-cracker  or  other  fire- 
works, or  any  combination  of  gun  powder  or  other  ex- 
plosive material  in  any  street  or  footway;  or  shoot  off 
any  gun  or  other  fire  arm  charged  with  ball  or  shot  or 
any  other  deadly  thing,  within  tAvo  hundred  yards  of  any 
habitation  within  the  city,  except  in  cases  of  necessity, 
shall  be  fined  five  dollars  for  each  offence;  provided,  noth- 
ing herein  contained  shall  prohibit  the  exhibition  of  fire 
works  authorized  by  the  mayor  on  occasions  of  public 
rejoicing. 

Sec.  21.  Any  person  who  shall  injure  or  deface  any 
sign  or  sign  post  belonging  to  another,  or  any  lantern, 
lamp  or  lamp  post,  or  the  works  or  machinery  of  another, 
or  pollute  any  well  of  water  belonging  to  another,  shall 
pay  a  fine  of  ten  dollars  upon  conviction. 

Sec.  22.  Neither  the  marshal  nor  the  street  committee 
shall  enter  upon  any  work  except  ordinary  repairs  with- 
out the  consent  of  the  board.  And  whenever  any  work 
is  proposed  to  be  done  a  detailed  estimate  of  the  costs 
shall  be  submitted  to  the  board.  And  the  person  charged 
with  the  execution  of  any  work  shall  in  all  cases  make 
a  requisition  on  the  mayor  for  supplies  wanted  on  the  work, 
and  if  approved  the  mayor  shall  direct  the  clerk  to  issue 
an  order  for  the  articles  wanted.    The  clerk  may  prepare 


33 


blanks  for  requisitions  subject  to  the  approval  of  the 
mayor. 

Sec.  23,  No  account  for  work  by  contract  shall  be  al- 
lowed until  the  work  so  contracted  for  shall  be  examined 
by  the  mayor,  or  by  a  skilled  committee  appointed  for 
the  purpose,  who  shall  certify  to  the  board  whether  the 
same  is  done  according  to  the  contract.  A  mechanic  ap- 
pointed by  the  board  shall  take  charge  of  the  city  pumps 
and  keep  them  in  order;  and  in  case  there  be  no  such 
appointment  the  city  marshal,  under  the  advice  of  the 
committee  on  pumps,  shall  employ  a  competent  mechanic 
to  attend  to  the  same  until  an  appointment  is  made  by 
the  board. 

Sec.  24.  Xo  carts  or  wagons  shall  be  allowed  to  ply 
between  the  private  market  at  the  foot  of  Middle  street 
and  the  dock,  and  no  offal,  garbage,  rubbish  or  other  re- 
fuse matter  of  any  kind  whatever  shall  be  thrown  into 
said  dock,  or  into  any  other  slip  or  dock  in  or  about  the 
city,  and  if  any  one  be  guilty  of  a  violation  of  this  section 
he  or  she  shall  be  subject  to  a  fine  upon  conviction  of  five 
dollars. 

Sec.  25.  The  shells  of  oysters  and  clams  opened  at  or 
on  the  wharves  or  in  the  city  docks,  whether  by  boatmen 
or  others,  shall  be  deposited  for  the  use  of  the  city  on  the 
wharves  where  opened,  as  a  compensation  for  wharfage; 
any  person  violating  this  section  shall  be  fined  one  dollar. 

Sec.  26.  It  shall  be  unlawful  to  throw  shells  open  as 
aforesaid  in  section  25,  into  the  docks  or  into  the  waters 
of  the  harbor,  and  the  doing  so  shall  subject  the  offender 
to  a  fine  of  two  dollars  for  each  and  every  offence. 

Sec.  27.  Vehicles  shall  not  be  run  so  close  to  the  drains 
and  ditches  of  the  city  as  to  cut  into  them,  or  break  down 
their  margins.  "Any  person  who  offends  against  this  sec- 
tion shall  be  fined  two  dollars. 

Sec.  28.  Xo  person  shall  erect  or  place  any  stand, 
stall  or  booth,  rack,  or  coop,  or  any  other  thing  of  like  na- 
ture to  be  used  for  the  sale  of  any  kind  of  merchandise, 
truck,  poultry  or  any  article  of  sale  whatever  on  any 
street  or  streets  of  the  city  of  Xew  Bern;  and  any 
booths,  stalls,  racks,  coops  or  stands,  table,  or  any  build- 
ing erection  or  place  of  like  nature  used  or  to  be  used  as 
aforesaid  now  situated  or  placed  on  the  street  or  streets 
of  said  city  shall  be  considered  an  obstruction,  and  the 
city  marshal  is  authorized  to  remove  the  same;  and  any 
person  owning  such  stand,  booth,  stall,  table  or  other 


34 


place  above  mentioned,  or  selling  at  the  same,  shall  be 
guilty  of  a  misdemeanor,  and  on  conviction  shall  be  fined 
twenty  dollars;  provided,  this  act  shall  not  interfere  with 
any  person  exhibiting  goods  or  merchandise  of  any  kind 
in  front  of  their  respective  places  of  business,  not  to  ex- 
ceed three  feet  from  each  building. 

Sec.  29.  All  gutter  pipes  or  drains  of  any  kind  running 
from  any  building  or  lot  in  the  city  of  New  Bern  empty- 
ing into  the  streets  of  said  city  shall  empty  into  the  ditch 
lying  between  the  street  and  sidewalk,  and  any  person 
or  persons  owning  any  building  or  lot  in  said  city  from 
which  any  gutter  pipe  or  drain  does  empty  on  the  side- 
walk as  aforesaid,  shall  be  guilty  of  a  misdemeanor,  and 
on  conviction  shall  be  fined  five  dollars  for  each  day  said 
gutter  pipe  or  drain  is  allowed  to  remain  in  violation  of 
this  ordinance. 

Sec.  30.  No  person  or  persons  shall  be  allowed  to  dig 
or  open  any  ditch  or  hole  of  any  kind  upon  the  streets  or 
sidewalks  of  this  city  without  first  getting  the  permission 
from  the  mayor.  Any  one  guilty  of  this  offence  shall  be 
subjected  to  a  fine  of  five  dollars  or  ten  days  imprison- 
ment. 

Sec.  31.  No  waste  paper,  or  other  trash  shall  be  set  fire 
to  or  burned,  or  thrown  or  otherwise  deposited  upon  the 
sidewalks  or  public  streets  of  the  city,  except  the  sweep- 
ings which  shall  be  placed  in  a  box,  barrel,  or  some  other 
suitable  receptacle,  and  placed  in  front  of  the  lot  or 
building:  and  where  it  is  impracticable  to  open  any  pack- 
age of  merchandise  in  the  stores  and  the  sidewalks  shall 
be  used  for  that  purpose,  all  letters,  trash,  nails  or  strip- 
pings  shall  immediately  be  cleaned  up  and  deposited  in 
said  barrels,  boxes,  or  other  receptacle;  and  in  no  event 
should  there  be  any  nails  left  there  or  about  the  place 
where  said  packages  of  merchandise  are  opened.  Any 
person  or  persons  violating  this  ordinance  shall  upon  con- 
viction be  fined  two  dollars. 


CHAPTER  IV. 

FIRE  DEPARTMENT. 
SECTION.  SECTION. 

1.  Governed  by  its  own  rules.  4.  Co-operation  of  police. 

2.  Wagons  subject  to  mayor,  &c.     5.  Fire  Department,  penalty  for 

3.  Hostlers,  appointment.  erecting  wooden  buildings,  &c. 

Section  1.  Until  other  regulations  be  established  the 


conduct  of  the  fire  department  in  drilling  for  exercise, 
and  in  the  order  of  proceedings  in  all  alarms  of  fire,  shall 
be  governed  by  their  own  private  by-laws  and  rules. 

Sec.  2.  At  all  other  times  the  horses  and  wagons  be- 
longing to  the  department  with  the  drivers  thereof,  shall 
be  subject  to  the  orders  of  the  mayor,  who  may  employ 
them  in  any  manner  he  may  think  proper  under  the  mar- 
shal, within  the  jurisdictional  limits  of  the  city,  in  the 
business  connected  with  the  government  thereof. 

Sec.  3.  The  hostlers  of  the  fire  department  shall  be 
appointed  by  the  mayor,  on  the  recommendation  of  the 
company  for  which  said  hostler  is  appointed  from  time 
to  time,  whenever  there  is  a  vacancy  under  their  own 
orders  and  rules,  and  shall  also  be  subject  to  removal  by 
the  mayor  for  cause,  under  the  same  rules  and  regulations 
that  govern  his  power  to  remove  other  city  employees. 

Sec.  4.  Upon  the  occasion  of  a  fire  the  police  force,  ex- 
cept the  officer  on  duty  at  the  station,  shall  hasten  to  the 
place  of  the  fire,  and  there  under  the  direction  of  the 
mayor,  or,  in  his  absence,  under  the  marshal  acting  in 
concert  with  the  chief  of  the  fire  department,  take  charge 
of  and  guard  all  property  which  may  be  exposed,  or 
which  may  be  put  in  their  custody;  to  detain  all  suspi- 
cious or  disorderly  persons,  and  to  do  whatever  may  be 
lawfully  done  to  protect  the  property  and  rights  of  citi- 
zens and  preserve  the  public  peace. 

Sec.  0.  That  the  portion  of  the  city  lying  east  of  Han- 
cock street  and  south  of  Broad  street  shall  be  known  as 
the  Fire  District  of  the  city  of  N"ew  Bern,  and  any  per- 
son or  persons  who  shall  erect  or  cause  to  be  erected,  or 
shall  attempt  to  erect  any  wooden  building,  or  shall  erect 
or  attempt  to  erect  or  cause  to  be  erected  any  ell  or  addi- 
tion of  any  kind  to  any  wooden  building  now  erected 
within  said  district  above  described  until  said  locality 
shall  be  visited  and  inspected  by  the  fire  district  com- 
mittee, who  shall  report  on  such  erection,  addition  or 
alteration,  and  the  same  ratified  by  the  board— shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  fined  fifty  dollars,  or  imprisoned  thirty  days; 
and  each  day  said  wooden  building  shall  so  stand  or  re- 
main in  course  of  erection  shall  be  a  violation  of  said 
ordinance. 


36 


CHAPTER  V. 

DISORDERLY  HOUSES,  DRUNKENNESS,  GAMING  TABLES,  &C. 
SECTION.  SECTION. 

1.  Disorderly  and  bawdy  houses.  and  drunkenness. 

2.  Police  may  demand  admission.     4.  Riot  and  disorders. 

3.  Cursing  and  indecent  exposures     5.  Gaming  on  streets. 

Section].  Every  person  who  shall  keep  a  disorderly 
house  or  house  of  ill  fame  within  the  limits  of  the  city, 
and  any  person  who  shall  knowingly  rent  a  house  to  be 
used  as  a  house  of  ill  fame  shall  be  fined  upon  conviction 
ten  dollars.  And  every  day  it  is  so  kept  shall  constitute 
a  distinct  offence.  All  adult  persons  living  in  such  houses 
shall  be  considered  the  keepers  thereof  and  be  subject  to 
the  penalty  of  this  section. 

Sec.  2.  If  the  occupant  of  any  house  shall  i"ef  use  to  open  I 
the  doors  and  give  entrance  to  any  officer  of  the  city  or 
members  of  the  police  demanding  admission,  for  the  pur- 
pose of  suppressing  disorderly  conduct  therein,  he  or  she 
shall  pay  a  fine  of  ten  dollars. 

Sec.  3.  Every  person  found  guilty  of  loud  and  boister- 
ous cursing  and  swearing  in  any  street,  house  or  else- 
where in  the  city,  and  every  person  found  drunk  in  the 
streets,  alleys  or  in  any  public  place  of  the  city,  disturb- 
ing the  peace  thereof,  or  violating  the  rules  of  decency, 
or  any  person  found  drunk  and  down  in  the  streets  of  the 
city,  shall  be  fined  on  conviction  five  dollars.  , 

Sec.  4.  If  any  person  shall  commit  a  breach  of  the  i 

peace,  or  engage  in  any  riotous  or  disorderly  conduct  I 
within  the  limits  of  the  city,  he  shall  pay  upon  conviction 

a  fine  of  twenty  dollars.    Provided,  this  section  shall  not  i 

be  construed  to  relieve  the  mayor  from  the  duty  of  bind-  i 

ing  over  the  offenders  according  to  law,  if  the  offence  is  ] 

one  not  properly  triable  before  the  mayor's  court.  { 

Sec.  5.  No  faro  or  roulette  table  or  other  tables  or 
places  for  games  in  any  manner  resembling  those,  nor  c 
any  other  games  of  chance  or  adventure  where  money  or  « 
other  things  of  value  are  bet,  or  whereby  the  purchase  of 
any  article  depends  upon  chance,  nor  the  sale  of  any  prize  d 
boxes  of  candies  or  other  things  wherein  the  purchaser  is  {, 
promised  or  led  to  expect  anything  over  and  above  the  i 
articles  purchased  shall  be  made,  exhibited  or  take  place 
in  any  of  the  public  streets  of  the  city.    The  offender  upon 
conviction  shall  be  fined  twenty-five  dollars.    Whenever  ' 
any  policeman  sees  any  person  violating  this  section,  it  | 


37 


shall  be  his  duty  to  arrest  the  offender  and  bring  him  be- 
fore the  mayor  to  be  dealt  with. 


CHAPTER  YL 

OBSERVA^XE  OF  THE  LoRD'S  DaY. 
SECTION.  SECTION. 

1.  Games  and  plays  forbidden.        :  4.  Liquor  and  barber  shops. 

2.  Abetting  disorder,  drunkenness.    5.  Duty  of  police. 

3.  Stores,  &c.,  to  be  closed.  .  6.  Bathing  Sunday's, 

Section  l.  'No  person  shall  be  allowed  to  play  at  any 
game  on  Sunday  in  the  streets  or  in  any  public  saloons 
for  eating-  or  drinking,  or  in  any  houses  or  grounds  for 
sporting.  A  violation  of  any  one  of  these  provisions 
shall  subject  the  offender  to  a  fine  of  five  dollars.  And 
the  proprietor  of  such  saloon,  keeper  of  a  billiard  or  other 
gaming  table,  pins  alley,  or  ten  pins  alley  or  other  sport- 
ing ground,  who  permits  a  game  to  be  played  at  his  table 
or  place  on  Sunday  shall  upon  conviction  be  fined  ten 
dollars. 

Sec,  2.  Any  person  who  shall  be  present  on  Sunday 
aiding  or  abetting  at  any  unlav\-ful  or  disorderly  assem- 
bly, or  who  shall  be  found  drunk  on  the  streets  shall  pay 
a  fine  of  two  dollars  for  every  such  offence. 

Sec.  3.  Any  person  who  shall  keep  open  any  store  or 
shop  on  Sunday  for  the  purpose  of  buying,  selling  and 
transacting  business  except  in  cases  of  necessity,  shall 
pay  upon  conviction  a  fine  of  ten  dollars.  But  drug 
stores  and  apothecaries'  shops  may  be  kept  open  at  all 
times. 

Sec.  4.  Saloons  and  halls  for  the  sale  of  spirituous,  vi- 
nous and  malt  liquors  shall  not  be  kept  open  on  Sunday, 
nor  the  ordinary  business  transacted  therein  on  said  day. 
The  offender  shall  pay  a  fine  of  twenty-five  dollars  for 
each  and  every  offence. 

A  barber  who  keeps  his  shop  open  for  ordinary  business 
on  Sunday  shall  upon  conviction  be  fined  two  dollars  for 
each  offence. 

Sec.  5.  It  shall  be  the  duty  of  one  policeman  under  the 
direction  of  the  mayor  to  go  around  at  least  once  a  month 
for  the  purpose  of  apprehending  persons  offending  against 
the  provisions  of  this  chapter  of  ordinances,  or  who  may 
be  found  violating  any  of  the  ordinances  of  the  city  or 
laws  of  the  State;  and  for  the  purpose  of  detecting  and 
bringing  to  justice  all  persons  offending  against  the  peace 
and  good  order  of  society. 


38 


Sec.  6.  ISTo  bathing  shall  be  permitted  after  0  o'clock  a, 
m.  on  Sunday  in  any  bath  house  in  the  city  limits,  neitlier 
shall  any  owner  of  any  bath  house  within  the  city  limits, 
be  permitted  to  keep  open  said  bath  house  after  9  o'clock 
a.  m.  on  the  Sabbath  day.  Any  person  violating  this 
ordinance  shall  be  fined  five  dollars. 


Section  1.  The  grounds  and  building  which  are  now, 
or  which  ma}^  hereafter  be  established  and  used  for  the 
purposes  of  a  public  market,  shall  be  under  the  superin- 
tendence and  control  of  the  city  authorities.  Every  day 
shall  be  a  market  day  except  Sunday;  and  the  market 
hours  shall  be  fi'om  4  a.  m.  until  9  p.  m.  upon  every  mar- 
ket day  except  Saturday,  upon  which  latter  day  it  shall 
be  from  4  a.  m.  to  10  p.  m. 

Sec.  2.  The  board  of  councilmen  may  appoint  a  clerk 
•of  the  market  with  powers  and  authority  as  policeman; 
who  shall  give  bond,  if  required,  for  the  faithful  perform- 
ance of  his  duties  and  whose  compensation  shall  be  fixed 
by  the  board. 

Sec.  3.  The  duties  of  the  clerk  of  the  market  shall  be 
to  see  that  the  market  house  and  grounds  are  kept  clean 
and  decent;  to  preserve  good  order  therein;  to  inspect  j 
whatever  is  brought  to  market:  to  rent  out  under  the  di-  . 
rection  of  the  council  such  stalls,  stands  and  benches  as  ^ 
may  belong  to  the  city,  and  collect  the  rent  for  the  same  , 
for  the  benefit  of  the  city.    In  case  any  meat,  fish  or  other 
article  be  offered  for  sale  which  he  shall  deem  unfit,  un- 
sound or  unwholesome,  he  shall  direct  it  to  be  with-  \  ^ 
drawn;  and  if  the  direction  be  not  complied  with,  the 
person  offering  the  objectionable  article  shall  be  fined  " 
five  dollars  upon  conviction.    If  any  person  attending 
the  market  shall  appear  there  intoxicated,  or  shall  act  in  ii 
a  rude  or  disorderly  manner  he  shall  be  taken  before  the  i 
mayor,  and  upon  conviction  of  any  such  offence  be  sub-  o 


CHAPTER  VIL 


THE  MARKET. 


•SECTION, 

1.  Market  days  and  hours, 

2.  May  appoint  a  derk. 
8.  Duty  of  the  clerk. 

4.  Intoxicating  liquors. 

5.  Corn,  how  sold. 


SECTION. 

6.  Hay,  oats,  fodder. 

7.  Fish,  also  fish  boats. 

8.  Duty  of  police  as  to  market. 

9.  Fish  hucksters. 
10.  Oyster  measures. 


ject  to  a  fine  of  two  dollars. 


39 


Sec.  4.  No  person  shall  be  permitted  to  expose  to  sale 
in  the  market  house  or  grounds  spirituous,  vinous  or  fer- 
mented liquors  to  be  used  there  as  a  beverage.  A  viola- 
tion of  this  section  shall  subject  the  ofi'ender  to  a  fine  of 
five  dollars  for  each  offence. 

Sec.  5.  All  corn  and  corn  meal  sold  within  the  limits 
of  the  city  shall  be  by  weight,  and  fifty-six  pounds  of 
corn  and  fifty  pounds  of  corn  meal  shall  be  equal  to  a 
bushel.  Any  person  who  shall  sell  corn  or  meal  contrary 
to  said  regulation,  shall  pay  a  fine  of  five  dollars  for  each 
offence.  Provided,  that  sales  of  one  bushel  by  measure 
and  under  may  be  done  by  measure. 

Sec.  6.  All  fodder,  oats,  hay  or  other  such  provender 
sold  in  the  city  shall  be  weighed  on  the  public  scales,  and 
the  weigh-master  shall  give  a  certificate  of  the  load,  and 
also  of  the  cart  or  wagon  when  unloaded.  And  if  any 
person  shall  buy  or  sell  fodder,  oats,  hay  or  other  like 
provender,  which  has  not  been  weighed  as  herein  direc- 
ted, he  shall  pay  a  fine  of  three  dollars  for  each  offence  ; 
provided,  this  section  shall  not  apply  to  sales  of  three 
hundred  pounds  or  under.  The  weigh-master's  fee  shall 
be  paid  by  the  seller,  and  the  rate  per  load  shall  be  as 
heretofore  in  use. 

Sec.  8.  Persons  selling  fish  at  the  foot  of  Middle  street 
shall  not  sell  the  same  on  the  wharf  at  the  foot  of  said 
street  or  on  the  market  platform  between  the  fish  stalls 
and  the  foot  of  the  street,  and  fish  boats  shall  not  come 
higher  up  the  basin  for  the  purpose  of  selling  fish  than 
the  upper  fish  stalls  in  the  market.  A  violation  of  either 
of  these  provisions  shall  subject  the  offender  to  a  fine  of 
five  dollars. 

Sec.  8.  The  marshal  or  a  policeman  shall  visit  the  mar- 
ket at  the  foot  of  Middle  street  daily  (Sunday  excepted) 
between  the  hours  of  11  and  12  o'clock,  and  see  that  the 
market  is  thoroughly  cleansed  and  in  good  order,  and 
that  no  loafers  are  lounging  thereabout. 

Sec.  9.  ISTo  fish  huckster  shall  sell  fresh  fish  south  of 
South  Front  street  at  retail,  except  in  a  fish  boat  or  in  the 
city  market.  Any  offender  shall  be  fined  two  dollars 
on  conviction. 

Sec.  10.  No  oysters  shall  be  sold  at  retail  in  tin  meas- 
ures except  said  measures  be  perforated  in  such  a  man- 
ner as  to  allow  all  liquor  to  run  out.  Any  person  guilty 
of  so  doing  shall  upon  conviction  be  fined  not  more  than 
five  dollars,  not  less  than  one  dollar. 


40 


CHAPTER  VIIL 

NUISANCES. 


SECTION. 

1.  Tanyard,  slaughter  houses  and 

distilleries. 

2.  Stagnant  waters  in  cellars. 

3.  Dead  animals. 

4.  Privies. 

5.  Police  to  examine  yards,  privies. 

6.  Kitchen  slops. 

7.  Hog  stys. 


SECTION. 

8.  Loud  hallooing  or  cursing, 

9.  Indecent  exposures,  indecent 

words  or  figures. 

10.  Bathing  in  rivers. 

11.  Lewed  women. 

12.  Guano. 

13.  Obscene  or  profane  language. 

14.  Bar  rooms  to  close  at  12, 


Section  1,  No  tanyard,  slaughter  house  nor  distillery 
of  spirits  or  turpentine  shall  hereafter  be  established 
within  the  limits  of  the  city  without  permission  of  the 
council.  And  ail  persons  violating  this  section  shall  pay 
a  fine  of  twenty-five  dollars,  and  if  the  tanyard  or  dis- 
tillery be  suffered  to  remain  for  thirty  days  after  notice 
from  the  mayor  or  city  council  to  remove  the  same,  every 
day  after  said  term  of  thirty  shall  constitute  a  distinct 
offence,  and  for  each  day  the  establishment  shall  be  so 
suffered  to  remain,  the  offender  shall  pay  a  fine  of  ten 
dollars. 

Sec.  2.  Stagnant  water  in  cellars  or  other  places  shall 
be  removed  upon  notice  by  the  city  marshal  or  mayor, 
and  the  failure  to  i-emove  for  twenty-four  hours  after  no- 
tice shall  subject  the  offender  to  a  fine  of  five  dollars,  and 
each  subsequent  day  it  shall  be  allowed  to  remain  shall 
constitute  a  distinct  offence. 

Sec.  3.  It  shall  be  the  duty  of  every  occupant  of  a  city 
lot  to  remove  from  the  same  any  dead  animal  or  other 
nuisance  which  may  happen  to  i3e  thereon,  without  the 
limits  of  the  city,  at  least  one  hundred  yards  from  the 
bounds  thereof,  and  from  any  public  road,  and  if  it  be  a 
large  animal  to  bury  the  same.  A  failure  to  perform  the 
duties  of  this  section  shall  subject  the  offender  to  a  fine 
of  ten  dollars. 

Sec.  4.  No  privy  shall  hereafter  be  constructed  nearer 
than  ten  feet  to  any  public  street,  or  nearer  to  a  neigh- 
bor's residence  than  it  is  to  the  owner's,  if  that  can  be 
avoided.  The  sink  shall  not  be  more  than  two  feet  deep. 
Tenants  shall  cleanse  their  piivies  at  least  once  in  each 
month,  and  in  the  months  of  May,  June,  July,  August 
and  September  shall  have  a  sufficient  quantity  of  lime, 
ashes  or  other  deodorizer  thrown  into  them  to  prevent 
them  from  becoming  offensive;  and  filth  removed  from 
them  shall  be  deodorized  with  copperas,  chloride  of  lime 


41 


or  other  disinfectant  before  they  are  carried  away.  A  vi- 
olation of  any  of  the  provisions  of  this  section  shall  sub- 
ject the  offender  to  a  fine  of  five  dollars  for  each  and 
every  offence.  And  in  case  of  new  privies  put  up  in  vio- 
lation of  this  section  the  offender  shall  be  subject  to  a 
fine  of  five  dollars,  and  each  week  he  suffers  it  to  remain 
after  notice  from  the  marshal  or  a  policeman  to  remove 
it,  shall  constitute  a  distinct  offence,  and  shall  subject 
the  offender  to  a  like  penalty. 

Sec.  0.  It  shall  be  the  duty  of  the  policemen  under  the 
direction  of  the  mayor  or  a  counciln^an  to  investigate  the 
condition  of  privies,  back  yards  and  other  places  in  the 
city  when  the  council  shall  require  it,  and  to  notify  the 
owners  or  tenants  of  the  places  found  in  a  filthy  condi- 
tion to  cleanse  the  same.  If  they  are  not  cleansed  in  five 
days  after  notice  the  party  in  default  shall  pay  a  fine  of 
five  dollars,  and  two  dollars  for  each  day  such  nuisance 
shall  continue. 

Sec.  6.  No  person  shall  be  allowed  to  convey  out  of  his 
or  her  kitchen,  dish  water  or  other  slops  into  any  of  the 
streets  of  the  city;  and  no  person  shall  be  allowed  to 
throw  filth  of  any  kind,  or  conduct  the  same  by  drains 
into  the  streets,  ditches  or  gutters  of  the  city.  A  viola- 
tion of  any  of  the  provisions  of  this  section  shall  subject 
the  offender  to  a  fine  of  five  dollars  for  each  and  every 
offence. 

Sec.  7.  No  hog  sty  shall  be  located  within  twenty-five 
feet  of  any  public  street  within  the  city;  the  offender 
against  this  provision  shall  be  subject  to  a  fine  of  five 
dollars.  And  all  such  stys  wherever  located  shall  be  reg- 
ularly cleansed  and  kept  free  from  offensive  odors.  A 
failure  to  comply  with  this  requirement  shall  subject  the 
delinquent  to  a  fine  of  two  dollars.  And  each  day  after 
notice  it  remains  out  of  order  shall  be  a  distinct  offence. 

Sec.  8.  Any  person  who  shall  be  found  guilty  of  loud 
hallooing  or  screaming,  or  making  any  loud  or  extrava- 
gant noise,  except  in  case  of  fire,  in  the  city  in  the  day  or 
night  time  shall  be  fined  three  dollars. 

Sec.  9.  Any  person  who  shall  indecently  expose  him 
or  herself  in  any  place  to  view,  and  do  any  obscene  act 
in  a  public  place,  or  v/rite  obscence  language,  or  make  ob- 
scene marks  or  drawing  on  any  fence  or  wall  in  a  public 
place,  or  cut  and  disfigure  the  street  avails  or  fences,  or 
affix  advertisements  or  bills  to  houses,  walls  or  fences 
without  leave  of  the  owners,  shall  for  a  violation  of  any 


42 


one  of  these  provisions  pay  a  fine  of  five  dollars  for  each 
offence. 

Sec.  10.  No  person  shall  be  allowed  to  bathe  during 
the  day  time  south  of  the  Railroad  wharf  on  East  Front 
street,  in  Neuse  river,  nor  east  of  Long  wharf  in  Trent 
river.  All  persons  violating  this  section  shall  be  fined 
two  dollars  or  imprisoned  ten  days  without  or  with  labor. 

Sec.  11.  Any  lewd  woman  or  other  person  or  persons 
committing  any  breach  of  the  peace,  or  indulging  in  dis- 
orderly conduct  of  any  character  witliin  the  city  limits, 
shall  pay  a  fine  of  twenty  dollars  or  be  imprisoned  for 
twenty  days  for  each  and  every  offence. 

Sec.  12.  Every  consignee  of  guano  or  other  manure,  or 
article  offensive  to  the  smell  or  detrimental  to  health, 
shall  within  four  days  after  notice  of  its  arrival  remove 
the  same;  or  if  retained  within  the  city  shall  stow  it  in 
such  manner  as  not  to  be  offensive  to  the  neighbors  or 
injurious  to  their  health.  If  any  person  violating  this 
section  shall  after  four  days  notice  from  the  mayor 
through  a  policeman,  fail  to  remove  or  to  stow  the  same 
properly,  he  shall  pay  a  fine  of  ten  dollars,  and  each  day 
it  remains  after  said  notice  of  four  days  shall  constitute  a 
distinct  offence. 

Sec.  13.  All  persons  w^ho  are  heard  using  vulgar  or 
profane  language  on  the  streets  of  the  city  shall  be  fined 
one  dollar  upon  conviction. 

Sec.  14.  All  bar  rooms  in  the  city  shall  be  closed  every 
night  at  12  o'clock  and  not  reopened  for  business  until 
daylight  in  the  morning.  A  violation  shall  subject  the 
offender  to  a  fine  of  five  dollars  for  each  and  every  offence. 


CHAPTER  IX. 

DOGS  AND  OTHER  ANIMALS. 


SECTION. 

1.  Dogs  taxed. 

2.  Dog  badges. 

3.  Penalty  for  not  giving  in. 

4.  Dogs  without  badges. 

5.  Dogs  not  of  the  city. 

6.  Gatherings  of  nuisances. 

7.  Animals  not  allowed  to  go  at 


SECTION. 

large,  &c. 

8.  Disposition  of  the  sale  money. 

9.  Penalty  for  suffering  animals  to 

go  at  large. 

10.  Hogs  in  city  limits. 

11.  Dogs  and  sluts. 

12.  Driving  cattle. 


Section  1.  It  shall  be  the  duty  of  every  person  at  the 
time  of  giving  in  the  annual  list  of  taxable  property  for 
the  city,  or  at  such  other  time  as  may  be  provided  by  the 
board  of  councilmen,  to  declare  on  oath  the  number  of 


43 


dogs  or  sluts  he  may  o^vn,  or  which  may  belong  to  any 
one  boarding  or  residing  in  his  family. 

Sec.  2.  The  tax  collector  shall  prepare  dog  badges  not 
exceeding  in  price  ten  cents,  and  shall  issue  one  for  each 
dog  or  slut  which  shall  be  listed  as  aforesaid,  and  for 
which  the  tax  shall  be  paid  as  aforesaid.  And  it  shall 
be  the  duty  of  all  owners  of  dogs  and  sluts,  upon  paying 
the  tax,  to  purchase  of  the  collector  a  badge  as  above  de- 
scribed which  shall  be  attached  to  the  animal. 

Sec.  3.  Should  any  person  fail  to  give  in  his  dog  or 
slut  in  the  manner  prescribed,  and  pay  the  tax  for  the 
same  as  provided  in  the  city  charter,  he  shall  be  guilty 
of  a  misdemeanor,  and  shall  be  fined  upon  conviction  five 
dollars  or  imprisoned  ten  days;  and  each  dog  or  slut 
omitted  shall  constitute  a  distinct  offence. 

Sec.  4.  It  shall  be  the  duty  of  the  city  marshal  to  pro- 
vide at  the  expense  of  the  city,  a  pound  in  or  out  of  the 
same  for  the  impounding  of  dogs,  and  to  capture  all 
which  shall  be  found  in  the  streets  or  other  public  places 
in  the  city  without  the  aforesaid  badge,  and  to  impound 
them  for  two  days;  and  if  they  shall  not  be  reclaimed 
and  the  proper  tax  and  also  costs  and  charges  paid  with- 
in said  time,  then  it  shall  be  his  duty  to  put  the  animals 
to  death  as  nuisances.  For  his  services  in  carrying  out 
these  provisions  the  city  marshal  shall  be  allowed  as  fol- 
lows: for  capture  of  an  animal.  25  cents;  for  feeding  the 
sam.e  per  day,  5  cents;  for  killing  and  transportation  of 
the  carcass  to  such  place  as  is  required  by  ordinance,  25 
cents;  which  sums  shall  be  paid  by  the  owner,  and  if  not 
paid  by  him  shall  be  a  charge  on  the  city. 

Sec.  5.  If  a  dog  or  slut  belonging  to  any  person  not  a 
resident  of  the  city  or  within  one  mile  of  the  same,  shall  be 
taken  up  under  the  foregoing  provisions,  the  same  shall  be 
delivered  to  the  claimant  without  charge;  provided  the 
claim  be  m.ade  in  twenty-four  hours  after  seizure,  but  if 
not  made  within  said  time  the  claimant  shall  pay  costs 
and  charges;  and  provided,  further,  it  shall  not  be  lawful 
to  seize  any  dog  or  slut  belonging  to  any  person  not  a 
resident  of  the  city  if  the  animal  shall  be  attached  to  a 
vehicle  of  the  ovvner,  or  shall  be  within  his  personal 
presence. 

Sec.  6.  All  gatherings  of  dogs  and  sluts  in  the  public 
streets  and  alleys  disturbing  the  quiet  and  good  order  of 
the  same  are  hereby  declared  to  be  nuisances,  and  it 
shall  be  the  duty  of  police  officers  to  abate  the  same  in 


44 


the  best  and  speediest  way,  by  killing  the  animals  if 
necessary. 

Sec.  {.  No  Horse,  Poney,  Bull,  Oxen,  Cow,  Calf,  Mule, 
Hog,  Goat,  Sheep,  Geese  or  Ducks,  shall  be  allowed  to 
roam  at  large  or  to  remain  for  the  purpose  of  pasturage 
or  to  graze  upon  any  of  the  streets  or  open  lots  or  grounds 
within  the  corporate  limits  of  the  city  of  Nevv  Bern.  It 
shall  be  the  duty  of  the  city  marshal  to  impound  such, 
and  to  sell  the  same  at  the  court  house  door  to  the  high- 
est bidder,  after  five  days  notice  at  the  court  house  door 
and  in  a  daily  paper  of  the  city,  unless  the  owner  shall 
have  reclaimed  them  by  paying  to  the  city  marshal  one 
dollar  and  all  expenses  of  impounding  them;  and  one 
dollar  shall  be  collected  as  often  as  any  of  these  animals  I 
shall  be  permitted  by  their  owners  to  go  at  large. 

Sec.  8.  The  money  arising  from  the  sale  of  any  one  of 
said  animals  over  one  dollar  and  expenses  shall  be  paid 
to  the  owner,  or  if  the  owner  cannot  be  found,  to  the  city 
treasurer.    If  the  animals  belong  to  non-residents  they 
may  be  redeemed  by  the  payment  of  25  cents  each  and  \ 
the  expenses  of  impounding  them,  and  all  moneys  re-  ; 
ceived  from  such  sales  over  and  above  25  cents  each  and  | 
expenses,  shall  in  like  manner  be  paid  to  the  owner  if  he 
can  be  found,  and  if  not  to  the  city  treasui-er. 

Sec.  9.  Any  person  permitting  any  of  the  animals 
enumerated  in  the  seventh  section  of  this  chapter  to  run 
at  large  upon  any  of  the  streets  of  the  city  shall  be  fined  i 
upon  conviction  two  dollars  for  each  offence. 

Sec.  10.  No  hog  or  hogs  shall  be  kept  within  that  por- 
tion of  the  city  of  New  Bern,  between  May  loth,  and 
Nov.  15th,  described  and  bounded  as  follows:  Beginning 
at  the  Railroad  warehouse  on  Neuse  river  and  running 
thence  with  the  railroad  to  Queen  street,  then  with  Queen 
street  to  Bern  street,  then  down  Bern  street  to  Lawson's 
Creek  or  Trent  river,  then  with  said  river  to  Neuse  river, 
and,  then  to  the  beginning.  Any  person  violating  this 
ordinance  shall  on  conviction  be  fined  two  dollars. 

Sec.  11.  Any  dog  or  slut  which  shall  he  found  on  any 
premises  for  five  successive  days,  shall  be  deemed  the 
property  of  the  owner,  or  if  said  premises  be  tenanted,  of 
the  occupant  of  the  premises  on  which  said  dog  or  slut 
shall  be  found. 

Sec.  12.  No  cattle  of  any  kind  that  may  be  brought  to 
the  city  for  sale  shall  be  allowed  to  be  driven  through 
any  street  of  the  same  without  having  one  rope  on  fore 


45 


foot  and  one  on  head,  and  end  of  said  ropes  to  be  carried 
by  some  person  not  less  than  21  years  old,  except  when 
two  are  securely  tied  together,  and  then 'only  two  men 
with  r.>p  as  stated.  Any  one  guilty  of  the  above  of- 
fence shall  be  fined  upon  conviction  not  less  than  five 
dollars  for  each  and  everv  offence. 


CHAPTER  X. 

CEMETERIES. 
SECTIOX,  I  SECTION. 

1.  Names  and  uses  of,  j  12.  No  i^ersou  to  pass  over  walls. 

2.  Sexton  for  each.  '  13.  Shooting  in, 

3.  To  dig  graves.  I  14.  Horse  not  to  move  fast. 

4.  To  enforce  regulations.  '  15.  Deposit  of  filth. 

5.  Sexton's  duties  and  salaries,  j  16.  Earth  not  to  be  moved. 

6.  Record  and  report  burials.  :  IT.  No  play  ground. 
T.  Fees  allowed.  i  18.  Repair'of  vaults. 

8.  So  person  but  sexton  to  dig.      ;  19.  Purchase  of  lots. 

9.  IriL-rrV_-rence  with  private  lots.  \  20.  "Mayor  to  make  deed, 

10.  Removing  or  defacing  memo- ;  21.  Exhuming  bodies. 

rials.  j  22.  Sexton,  police  powers. 

11.  Injury  to  shrubs  or  flowers.       |  23.  Fences  and  hedges, 

Sectiox  1.  The  graveyard  usually  called  "Cedar  Grove' 
shall  hereafter  be  used  exclusively  for  the  burial  of  white 
persons;  and  the  cemetery  called  "  Greenu'ood''  shall  be 
used  exclusively  for  the  burial  of  colored  persons:  pro- 
vided, that  colored  persons  owning  lots  in  Cedar  Grove 
may  continue  to  use  the  same  for  the  burial  of  their  dead. 

Sec.  2.  There  shall  be  appointed  at  the  regular  May 
meeting  of  the  councilmen  in  each  and  every  year,  a 
sexton  to  take  charge  of  the  Cedar  Grove  cemetery  and 
a  sexton  to  take  charge  of  the  Greenwood  cemetery. 

Sec.  3.  Each  sexton  shall  have  the  digging  of  all  the 
graves  in  his  cemetery  at  such  prices  as  may  be  estab- 
lished, as  a  part  of  his  compensation.  He  shall  dig  them 
due  east  and  west  and  five  feet  deep. 

Sec.  4.  It  shall  be  the  duty  of  the  sexton  to  see  that 
all  the  laws  concerning  the  cemeteries  are  duly  observed; 
and  in  case  of  violation  to  report  the  same  to  the  mayor. 

Sec.  5.  The  sextons  shall  keep  their  respective  ceme- 
teries in  a  neat  and  clean  condition,  performing  all  the 
work  which  the}'  may  be  directed  to  do  by  the  board,  and 
give  their  whole  time  to  work  in  the  cemetery.  And  for 
this  they  shall  be  paid  respectively  in  addition  to  fees  al- 
lowed herein,  two  hundred  and  forty  dollars  from  the  city 
treasurv. 


46 


Sec.  6.  It  shall  be  the  duty  of  each  sexton  to  keep  a 
book  in  which  the  name,  age,  disease  of  deceased  and 
date  of  burial  in  their  respective  cemeteries  shall  be  be  re- 
corded, defining  as  near  as  possible  the  spot  Avhere  each^ 
body  is  buried,  and  each  sexton  shall  make  a  report! 
thereof  to  the  board  of  councilmen  at  their  regular  meet- 
ing in  November  in  each  and  ever}-  year. 

Sec.  7.  The  following  fees  shall  be  allowed  the  sextons, 
to-wit:  for  digging  a  plain  grave  and  filling  up  the  same, 
one  dollar  and  fifty  cents;  children  not  over  ten  years  of 
age,  half  price;  for  digging  box  grave  and  filling  up  the 
same,  two  dollars;  children  of  ten  years  and  under,  half 
price;  vault  grave,  three  dollars;  working  on  private 
lots  in  cemetery,  to  be  paid  by  the  owner,  twelve  and  a 
half  cents  an  hour  or  one  dollar  per  day. 

Sec.  8.  No  person  other  than  the  regularly  appointed 
sexton,  shall  dig  any  grave  or  dig  up  any  sod  in  the  cem- 
eteries, except  on  lots  which  have  been  purchased  as  pri- 
vate burial  lots.  Any  person  violating  this  provision 
shall  be  fined  upon  conviction  ten  dollars. 

Sec.  0,  No  person  shall  dig  any  grave,  put  any  fence, 
grave  stone  or  board,  make  or  construct  anything,  or  dig 
up  any  sod  on  a  private  burial  lot,  except  under  the  di- 
rection and  by  the  consent  of  the  owner  thereof.  A  vio- 
lation shall  subject  the  offender  to  a  fine  of  ten  dollars 
for  each  offence. 

Sec.  10.  No  person  shall  remove  the  stakes  or  boundary 
stones  from  a  burial  lot,  nor  any  board,  grave  stone  nor 
other  memorial  or  monument  which  may  have  been 
erected  at  any  grave;  nor  deface,  injure  or  desecrate  any 
such  board,  stone  or  memorial  in  any  manner.  Offend- 
ers shall  pay  a  fine  of  ten  dollars  for  each  offence. 

Sec.  11.  No  person  shall  cut  or  in  an}^  other  manner 
injure  or  destroy  any  tree,  shrub  or  plant,  or  v/antonly 
injure  or  destroy  any  flower,  either  wild  or  cultivated,  in 
the  cemeteries.  Offenders  upon  conviction  shall  pay  a 
fine  of  ten  dollars. 

Sec.  12.  No  person  shall  pass  into  or  out  of  either  cem- 
etery over  the  walls  or  fences,  but  must  pass  through  the 
gates.  Offenders  shall  be  fined  two  dollars  for  each 
offence. 

Sec.  13.  No  person  shall  discharge  fire  arms  in  either 
cemetery.  If  this  provision  shall  be  violated  the  offender 
shall  pay  upon  conviction  a  fine  of  ten  dollars  for  each 
offence. 


47 


Ssc.  14.  Fo  person  shall  drive,  ride  or  lead  any  horse 
or  horse  and  vehicle  in  the  cemeteries  faster  than  a  walk. 
Penalty  upon  conviction  a  fine  of  five  dollars. 

Sec.  15.  No  person  shall  deposit  or  cause  to  be  depos- 
ited any  filth  or  unclean  or  offensive  matter  in  either 
cemetery.  The  offender  upon  conviction  shall  be  fined 
ten  dollars. 

Sec.  16.  No  person  shall  excavate  any  earth  in  either 
cemetery,  or  remove  the  same  therefrom,  excepting  by 
the  consent  or  under  the  direction  of  the  board  of  coun- 
cilmen,  or  of  the  sexton,  or  of  some  other  officer  legally 
authorized  by  the  said  councilmen.  The  offender  shall 
pay  a  fine  of  ten  dollars  upon  conviction  for  each  offence. 

Sec.  17.  It  shall  be  unlawful  for  persons  of  any  age  to 
use  either  cemetery  as  a  play  ground,  and  it  shall  be  the 
I  duty  of  the  sextons  to  prevent  such  use.    If  after  being 
i  ordered  by  the  sexton  to  desist  they  shall  continue,  it 
shall  be  his  duty  to  carry  them  before  the  mayor,  who 
shall  fine  such  as  are  found  guilty  five  dollars  each. 

Sec.  18.  If  any  of  the  vaults  or  other  places  for  the  in- 
terment of  the  dead  in  either  of  the  cemeteries,  shall  get 
out  of  repair  or  out  of  order  in  any  respect,  it  shall  be  the 
duty  of  the  sexton  to  inform  the  owner  thereof,  and  if  he 
cannot  be  found  or  do  not  attend  to  it  when  notified,  the 
sexton  shall  inform  the  mayor  who  shall  take  such  action 
upon  it  as  he  may  deem  advisable. 

Sec.  19.  All  persons  desiring  to  purchase  lots  in  the 
cemeteries  must  apply  to  the  standing  committee  of 
councilmen  on  cemeteries,  whose  duty  it  shall  be  to  lay 
off  said  lots  and  receive  in  cash  payment  therefor  accord- 
ing to  valuations"  arranged  by  said  committee. 

Sec.  20.  Upon  the  payment  of  the  sum  above  required, 
the  committee  shall  issue  a  certificate  to  the  purchaser  of 
said  lot,  specifying  the  lot  and  the  price  paid.  And  upon 
the  presensation  of  said  certificate  the  mayor  shall  make 
a  deed  for  said  lot,  and  shall  cause  the  clerk  of  the  board 
to  enter  in  a  book  kept  for  that  purpose,  the  date  of  The 
deed,  the  description  and  price  of  the  lot,  and  to  whom 
sold. 

Sec.  21.  No  dead  body  shall  be  exhumed  from  either  of 
:the  graveyards  except  in  the  months  of  November,  De- 
cember, January,  February,  March  and  April,  and  then 
'  only  by  permission  of  the  mayor  or  board.    Penalty,  a 
fine  of  twenty  dollars  upon  conviction. 


48 


Sec.  22.  The  sextons  above  named  shall  have  within 
their  respective  cemeteries,  the  pov^er  and  authority  of 
policemen,  and  may  arrest  any  person  for  violation  of 
the  ordinances  of  the  city  or  regulations  of  their  respect- 
ive cemeteries.  And  the  same  authority  shall  be  exer- 
cised by  their  legally  appointed  assistants. 

Sec.  23.  No  fence  shall  be  erected  or  hedge  grown  in 
Cedar  Grove  Cemetery  over  three  feet  in  height,  except 
archways  which  shall  be  granted  by  Cemetery  commit- 
tee. Any  person  or  persons  violating  this  ordinance  shall 
upon  conviction  be  fined  five  dollars. 


CHAPTER  XL 

PAYMENT  OF  MONEY. 
SECTION.  SECTION. 

1.  Oldpr  of  board,  &c.  3.  Clerk  to  retain  stubs. 

2.  Warrants  must  state,  &c.  4.  Payment  of  city  debts. 

Section  1.  No  money  shall  be  paid  out  of  the  city 
treasury  unless  by  order  of  the  board  of  councilmen  in 
meeting  assembled;  and  then  only  by  a  warrant  issued 
by  the  clerk  of  the  board,  signed  by  him  and  counter- 
signed by  the  mayor. 

Sec.  2.  All  warrants  shall  state  upon  their  face  the  na- 
ture of  the  claims  for  which  said  warrants  are  drawn. 

Sec.  3.  The  clerk  of  the  board  shall  in  each  and  every 
case  retain  in  a  book  kept  for  that  purpose,  a  stub  or  du- 
plicate of  every  such  warrant  issued. 

Sec.  4.  No  debt  created  by  any  city  officer  or  employee 
shall  be  recognized  or  ordered  to  be  paid  by  the  board, 
unless  upon  a  certificate  from  the  clerk  that  it  is  due, 
countersigned  by  the  mayor,  and  then  only  for  sums  not 
exceeding  twenty-five  dollars. 


CHAPTER  XII. 
infectious  diseases, 

SECTION.  SECTION. 

1.  Infectious  persons  brought  in.     3.  Hospital  and  removal. 

2.  Infected  coming  in.  4.  Medicines,  &c. 

Section  1.  No  person  without  first  obtaining  for  that 
purpose  the  permission  of  the  mayor  or  the  board  of 
councilmen,  shall  knowingl}^  bring  or  allow  to  be  brought 
or  shall  connive  at  the  bringing  into  the  city  any  person 
in  his  or  her  employment,  or  under  his  or  her  management 
or  control,  afflicted  with  small  pox,  yellow  fever  or  other 


49 


mortal  disease  of  a  contagious  or  infectious  kind,  and 
every  person  offending  against  this  ordinance  shall  for- 
feit and  pay  twenty-five  dollars,  and  all  expenses  and 
charges  incurred  by  the  city  corporation  on  account  of 
such  afflicted  person  so  brought  into  the  city. 

Sec.  2.  If  any  such  afflicted  person  shall  come  into  the 
city  without  permission  as  aforesaid,  he  shall  for  such  of- 
fence forfeit  and  pay  twenty-five  dollars. 

And  the  offender  against  the  provisions  of  either  of  the 
foregoing  sections  (1  and  2)  in  any  respect,  shall  be  guilty 
of  a  misdemeanor  and  fined  upon  conviction  twenty 
dollars. 

Sec.  3.  The  board  of  councilmen  shall  have  power  to 
remove  from  the  corporate  limits  of  the  city  to  a  hospital 
or  other  place  without  the  city,  any  person  who  may  be 
afflicted  with  small  pox,  yellow  fever  or  other  mortal  dis- 
ease of  an  infectious  or  contagious  character.  And  it 
shall  be  their  duty  to  do  so,  whenever  in  the  judgment 
of  the  board  such  removal  may  be  necessary  and  expe- 
dient to  prevent  the  further  spread  of  the  disease. 

-  Any  person  attempting  by  threats  or  force  to  prevent 
a  removal  to  the  hospital  of  any  person  ordered  to  be  re- 
moved thither,  shall  pay  a  fine  of  twenty  dollars  upon 
conviction. 

Sec.  4.  All  applications  for  medicines  by  the  poor  of 
the  city,  authorized  by  the  board  of  councilmen,  shall  be 
made  to  the  mayor,  and  he  shall  countersign  the  pre- 
scriptions and  keep  a  suitable  book  in  which  the  names 
of  all  such  applicants  shall  be  recorded. 


50 


CHAPTER  XIII. 


MISCELLANEOUS. 


SECTION. 

1.  Board  may  elect  attorney. 

2.  Resignation  of  councilmen. 

3.  Dog  nuisances. 

4.  Seamen  buying  or  selling. 

5.  Cruelty  to  brutes. 

6.  Depositing  garbage. 

7.  Market  stalls. 

8.  Slaughtering  animals. 

9.  Vagrants. 

10.  Posters  protected. 

11.  Resisting  police. 

12.  Sale  of  Oysters. 

13.  Merchandise  on  sidewalks. 

14.  Vacent  lots. 


SECTION. 

15.  Aqueducts. 

16.  Boxes,  &c. 

17.  Carters. 

18.  Pump  tenders. 

19.  Mayor  to  imprison. 

20.  Penal  laborers. 

21.  Boys  boarding  trains. 

22.  Oyster  shells. 

23.  Smoking  at  Cotton  Exchange. 

24.  Graded  School  fence. 

25.  Steamers  movements. 

26.  Draymen's  License. 

27.  Retailing  wood  at  wharves,  &c. 

28.  Ordinances  ratified,  &c. 


Section  1.  The  board  of  councilmen  may  at  the  first 
regular  meeting  in  May,  or  at  any  time  during  the  year,  | 
elect  a  city  attorney  who  shall  hold  his  office  during  the 
term  of  the  then  existing  board.    It  shall  be  his  duty  to 
act  as  legal  adviser  of  the  board  and  of  the  officers  of  the  j 
city,  to  represent  the  city  in  all  actions  brought  by  or 
against  it,  and  to  perform  such  other  duties  as  the  board  | 
shall  from  time  to  time  impose.    His  rate  of  compensa- 
tion shall  be  determined  by  the  board. 

Sec.  2.  No  member  of  the  board  of  councilmen  shall  be 
allowed  to  tender  his  resignation  except  in  writing,  and 
the  same  shall  lie  on  the  table  as  a  matter  of  course,  un- 
til the  next  regular  meeting. 

Sec.  3.  All  gatherings  of  dogs  and  sluts  in  the  public 
streets  and  ways  disturbing  the  quiet  and  good  order  of  j  i 
the  same,  are  hereby  declared  to  be  nuisances,  and  it 
shall  be  the  duty  of  police  officers  to  abate  the  same  in  j 
the  best  and  speediest  way,  by  killing  the  animals  if  j 
necessary.  I 

Sec.  4.  All  officers  or  seamen  attached  to  any  steam-  o 
ship  or  sailing  vessel  coming  into  this  port,  who  shall 
bring  goods,  wares,  merchandise  or  articles  of  food,  for 
sale;  or  who  shall  buy  in  this  market  as  aforesaid  to  sell 
out  of  the  State,  before  selling  or  buying  to  sell  again, 
shall  obtain  a  license  to  do  so  and  pay  the  tax  prescribed  t( 
by  ordinance.    And  if  any  one  shall  sell  or  offer  to  sell, 
or  buy  to  sell  again  within  the  meaning  and  purview  of  „ 
this  section,  he  shall  be  fined  upon  conviction  twenty-| 
five  dollars. 


51 


Sec.  5.  Any  and  all  persons  who  shall  cruelly  use  or 
barbarously  treat  any  animal  on  the  streets  of  Xewbern, 
or  in  public  anywhere  within  the  corporate  limits  of  the 
city,  shall  upon  conviction  before  the  mayor  pay  a  fine  of 
twenty  dollars,  or  be  imprisoned  at  labor  or  otherwise  for 
thirty  days. 

Sec.  G.  With  respect  to  refuse  matter,  garbage,  ashes 
and  filth  of  every  description  that  may  accumulate  on 
lots  or  business  stands,  it  is  hereby  ordained  and  direct- 
ed, that  the  occupants,  and  if  not  occupied,  the  owners, 
shall  collect  and  deposit  the  same  in  barrels,  boxes  or 
other  receptacles,  on  the  sidewalks  in  front  of  their  re- 
spective lots  on  Tuesdays  and  Fridays  of  each  week  be- 
fore 9  o'clock,  a.  m..  of  each  day.  The  person  failing 
shall  pay  a  fine  of  two  dollars. 

Sec.  7.  It  is  further  ordained  that  all  decayed  vegeta- 
ble matter,  offal,  garbage  or  sweepings  of  any  kind,  col- 
lected in  or  ai'ound  the  stall  of  any  public  or  private 
market,  shall  be  deposited  by  the  occupant  of  said  stalls 
in  fit  ami  proper  receptacles,  and  placed  in  convenient  lo- 
cations for  removal  before  10  o'clock,  a.  m.,  of  each  day. 
The  person  failing  shall  pay  a  fine  of  two  dollars. 

Sec.  S.  It  is  ordained  that  no  beast  of  the  cow  kind, 
hogs,  sheep  or  goat  shall  be  slaughtered  within  the  city 
limits.  The  violator  of  this  section  shall  pay  a  fine  of 
five  dollars  upon  conviction  for  each  and  every  offence. 

Sec.  9.  The  police  are  hereby  instructed  to  arrest  all 
persons  having  no  visible  means  of  support,  and  failing 
to  leave  the  city  or  apply  themselves  to  some  useful  oc- 
cupation, shall  be  put  to  woi'k  on  the  streets  by  the 
mayor  for  twenty  days. 

Sec.  10.  Xo  person  or  persons  shall  tear  down  or  de- 
stroy any  bill,  advertisement  or  poster  fixed  where  it  has 
a  right  to  be  by  the  ordinance  of  the  city,  and  for  an  of- 
fence in  this  particular  a  person  convicted  shall  pay  a  fine 
of  two  dollars. 

Sec.  11.  Resistance  to  any  of  the  police  in  the  city  in 
discharge  of  their  duties,  by  words,  threats  or  the  use  of 
physical  power,  or  a.nj  attempt  to  incite  others  to  do  so, 
shall  subject  the  offender  to  a  fine  of  twenty  dollars,  or 
to  imprisonment  at  labor  for  thirty  days. 

Sec.  U.  Xo  oysters  shall  be  brought  to  or  sold  in  this 
market  or  city,  between  the  fifteenth  of  May  and  the  first 
of  October  of  each  year.  A  violation  of  this  ordinance 
shall  subject  the  offender  to  a  fine  of  five  dollars. 


52 


Sec.  13.  N"o  person  shall  be  allowed  to  hang  any  sign, 
clothing  or  articles  of  merchandise  over  the  sidewalks  of 
the  city,  unless  the  same  be  at  an  elevation  of  at  least 
eight  feet.  The  offender  shall  pay  a  fine  of  two  dollar^ 
for  each  offence. 

Sec.  14.  Vacant  lots  in  the  business  parts  of  the  city 
must  be  kept  under  fence.  If  not  so  put  and  kept  by  the 
owners  after  notice,  the  city  shall  do  it  and  tax  owners 
with  the  costs.  A  failure  for  five  days  after  notice  to  en- 
close such  lots,  shall  furthermore  subject  the  owners  to  a 
fine  upon  conviction  of  five  dollars. 

Sec.  15.  All  persons  shall  be  required  to  keep  sewers 
and  acqueducts  that  pass  through  their  gardens,  lots  or 
grounds,  open  and  in  good  order  from  April  first  to  Oc- 
tober first  in  each  year,  and  upon  failure  to  do  so,  it  shall 
be  the  duty  of  the  marshal  to  open  the  same  at  the  ex- 
pense of  the  owners.  And  a  failure  after  notice  shall 
also  subject  the  offender  upon  conviction  to  a  fine  of  five 
dollars. 

Sec.  16.  No  barrels,  boxes,  packages  or  other  obstruc- 
tions, shall  be  allowed  to  remain  on  any  of  the  sidewalks 
or  any  of  the  streets  of  the  city  for  a  longer  period  than 
six  hours;  provided,  this  ordinance  shall  not  apply  to 
any  boxes,  barrels,  packages  or  other  obstructions  that 
do  not  extend  more  than  three  feet  from  the  building, 
nor  apply  to  chicken  coops  that  may  be  erected  over  gut- 
ters and  sewers'not  less  than  two  feet  above  ground;  and 
provided  also,  said  barrels,  boxes,  packages,  etc.,  allowed 
on  the  street  as  above  stated  shall  be  withdrawn  daily  at 
sunset.  A  violation  of  any  provision  of  this  ordinance 
shall  subject  the  offender  to  a  fine  of  five  dollars. 

Sec.  17.  No  person  shall  engage  in  carting  or  draying 
for  hire  upon  the  streets  of  Newborn,  without  first  ob- 
taining a  license  to  carry  on  the  business,  of  public  dray- 
ing for  six  months,  and  giving  a  good  and  sufficient  bond 
of  one  hundred  dollars  to  indemnify  all  persons  from  any 
damage  or  loss  sustained  by  reason  of  carelessness,  neg- 
ligence or  breach  of  trust  on  the  part  of  said  drayman  in 
the  pursuit  of  his  business.  That  each  dray  -and  cart 
shall  be  numbered,  the  number  thereof  recorded  upon 
the  license  and  issued  to  the  party  applying  therefor. 
The  bondmen  aforesaid  shall  become  responsible  for  any 
and  all  loss  or  damage  arising  from  carelessness,  negli- 
gence or  a  breach  of  trust  on  the  part  of  the  drayman 
or  person  in  charge  of  said  dray  or  cart.    Any  person 


53 


who  shall  change,  alter  or  intentionally  deface  the  num- 
ber upon  any  public  dray  or  cart,  shall  upon  conviction 
be  fined  ten  dollars  or  imprisoned  with  or  without  labor 
for  the  space  of  thirty  days.  The  tax  on  each  cart  or 
dray  shall  be  fixed  by  the  board  of  councilmen  in  the 
general  ordinance  assessing  the  license  or  privilege  taxes. 
And  any  person  found  draying  or  carting  upon  the 
streets  for  hire,  without  getting  a  license  and  giving 
bond  as  required,  shall  upon  conviction  be  fined  ten  dol- 
lars or  imprisoned  thirty  days. 

Sec.  18.  That  the  person  who  may  be  in  the  employ- 
ment of  the  city  authorities  to  keep  the  pumps  and  wells 
in  order,  shall  be  vested  with  powers  of  a  policeman 
without  salary  as  such,  to  look  after  or  protect  the  same 
from  all  damage  or  injury  of  any  kind;  such  employee  is 
authorized  to  arrest  any  and  all  persons  who  may  be 
found  violating  any  of  the  city  ordinances  in  respect  to 
pumps  and  wells,  and  cany  them  before  the  mayor  to  be 
dealt  with  as  the  law  directs. 

Sec.  19.  In  carrying  into  effect  the  ordinances  of  the 
city  wherein  pecuniary  penalties  are  prescribed,  it  shall 
be  lawful  for  the  mayor,  if  the  fines  be  not  promptly 
paid,  or  if  in  his  judgment  they  cannot  or  will  not  be 
paid,  to  substitute  or  add  imprisonment  not  exceeding 
thirty  days  with  or  vrithout  labor.  And  it  shall  also  be 
within  the  discretion  of  the  mayor  after  conviction  to  re- 
mit the  penalties  to  such  fines  or  terms  of  imprisonment, 
as  he  may  judge  the  nature  of  the  case  and  the  public 
good  require. 

Sec.  20.  In  cases  where  defendants  shall  be  adjudged 
to  be  imprisoned,  it  shall  be  competent  for  the  mayor 
not  only  to  order  that  the  said  defendants  work,  during 
the  period  of  their  confinement,  upon  the  streets  and 
public  works  of  the  city;  but  also  shall  have  power 
through  the  marshal  of  the  city,  to  organize  a  chain  gang 
of  such  persons  as  shall  be  sentenced  as  aforesaid,  or  oth- 
erwise to  provide  some  suitable  and  efficient  means  to 
prevent  the  escape  of  the  prisoners  while  at  work;  pro- 
vided, that  in  no  case  shall  women  or  boys  under  the  age 
of  fourteen  years  be  placed  in  the  chain  gang;  nor  shall 
any  means  be  used  to  restrain  said  prisoners  which  shall 
be'injurious  to  their  health;  and  provided  further,  in  no 
case  shall  the  time  for  which  said  prisoners  shall  be  sen- 
tenced to  work  exceed  thirty  days. 

Sec.  21.  All  boys  under  16  years  of  age  seen  jumping 


54 


on  the  Train  while  passing  through  the  city  shall  be  fined 
two  dollars  and  fifty  cents  for  each  offence. 

Sec.  22.  No  oyster  shells  shall  be  allowed  to  remain 
within  the  city  limits  longer  than  twelve  hours.  A  viola- 
tion of  this  ordinance  shall  on  conviction  be  fined  five  dol- 
lars and  the  shells  shall  be  removed  by  the  city  at  the 
expense  of  the  offender. 

Sec.  23.  No  person  or  persons  shall  be  allowed  to  smoke 
either  pipe  or  cigar  on  the  platform  erected  on  Craven 
street  by  the  Cotton  Exchange.  Any  person  violating 
this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor 
and  shall  be  fined  on  conviction  five  dollars  for  each  and 
every  offence. 

Sec.  24.  No  person  shall  be  allowed  to  pass  through  or 
over  nor  swing  upon  the  wire  fence  around  the  graded 
school  building.  Any  one  so  doing  shall  upon  conviction 
be  fined  five  dollars  for  each  and  every  offence. 

Sec.  25.  No  vessel  moved  by  steam  power  and  using 
wood  for  the  purpose  in  passing  from  one  part  of  the  city 
to  another  or  in  passing  into  or  out  of  the  same,  shall  pass 
nearer  to  the  wharves  and  docks  than  two  hundred 
yards.  That  all  steamers  shall  shut  off  their  exhaust 
in  the  smoke  stack  half  a  mile  before  they  reach  their 
landing  and  not  to  again  open  the  exhaust  in  the  stack 
until  they  are  half  a  mile  from  the  landing.  For  a  viola- 
tion of  this  ordinance  the  owners  and  commanders  of 
such  vessel  or  vessels  shall  be  fined  for  each  offence  upon 
conviction,  fifty  dollars  or  thirty  days  imprisonment. 

Sec.  26.  All  persons  wishing  license  as  draymen  on  the 
streets  of  the  city  shall  make  application  to  the  mayor 
and  committee  on  ordinances  and  licenses,  with  bond 
accompanying  said  application;  and  if  approved  by  them 
then  the  city  tax  collector  is  authorized  to  issue  license  to 
said  draymen. 

Sec.  27.  It  is  ordained  that  no  person  or  persons  shall 
be  allowed  to  retail  any  wood  from  any  flat  or  boat  of 
any  kind,  lying  at  any  dock  or  wharf  within  the  city 
limits  without  procuring  license  for  selling  the  same.  It 
is  further  ordained  that  no  wood,  bricks,  or  any  other  ar- 
ticle of  merchandise,  shall  be  permitted  to  remain  on  any 
public  wharf  within  the  city  limits  for  a  longer  period 
than  twelve  hours.  Any  person  or  persons  violating  this 
ordinance  shall  upon  conviction  be  fined  five  dollars. 

Provided,  that  this  ordinance  shall  not  prohibit  parties 


55 


living  without  the  city  bringing  wood,  brick  and  produce 
within  the  city  from  selling  the  same  from  any  \vharf  or 
boat  for  twelve  hours  after  their  arrival. 

Sec.  28.  Resolved,  That  the  foregoing  ordinances  be  and 
the  same  are  hereby  ratified  and  adopted  by  the  board 
of  city  council  at  their  regular  session  held  the  1st  day  of 
Dec,  1885;  and  it  is  twvthQv  Resolved,  that  all  ordinances 
heretofore  passed  for  the  government  of  the  city  of  New- 
bern,  which  are  repugnant  to  the  provisions  of  the  ordi- 
nances above  set  fortli.  are  hereby  repealed;  but  ordinan- 
ces not  so  repugnant  are  still  in  force.  No  offence  com- 
mitted and  no  pelalties  incurred  under  any  ordinance 
thus  repealed  shall  be  affected  by  this  repeal. 


rsogeot^soa 


